Allahabad High Court
Pramod Kumar Dubey vs State Of U.P Thru. Prin. Secy. Home ... on 24 November, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1974 of 2022
Applicant :- Pramod Kumar Dubey
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko And Another
Counsel for Applicant :- Ravindra Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 02.11.2022 passed by learned Additional Session Judge, Court No. 1, Sultanpur, seeking Anticipatory Bail in Case Crime No. 0174 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station Dhammaur, District Sultanpur.
In this case, first information report was lodged on 28.07.2020 against four accused persons including the applicant, in which after culmination of the investigation, charge-sheet was submitted on 23.08.2020, on which Magistrate concerned took cognizance on 20.11.2020 but instant application under Section 438 Cr.P.C. has been filed after about two years on 21.11.2022 after rejection of his anticipatory bail application vide order dated 02.11.2022 of the concerned Court below, in which apart from other facts, it has also been mentioned that non-bailable warrant has already been issued against the applicant issued on 20.08.2022 because despite submission of charge-sheet and issuing summon, the applicant did not appear before the trial Court.
Learned counsel for the applicant submits that other co-accused persons, namely, Vijay Kumar Dubey, Vipin Kumar Dubey and Shivam Dubey have been granted anticipatory bail vide order dated 06.10.2022 of the concerned Court below. However, after advancing some argument and on putting certain query by the Court submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.
On the other hand, learned A.G.A. submits that charge-sheet was submitted on 23.08.2020 and non-bailable warrant has also been issued against the applicant on 20.08.2022, therefore, in view of the judgment in the case of Prem Shankar Prasad Vs. State of Bihar and another, 2021 SCC OnLine SC 955, relief as sought for by means of this application cannot be granted to the applicant. He further submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant.
Having regard to the statement made by learned counsel for the applicant at the Bar, the relief as sought for by the applicant by means of this anticipatory bail application, at this stage, is hereby refused.
Considering the aforesaid alternative prayer made on behalf of the applicant, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below. In case the applicant applies for bail under Section 439 Cr.P.C., the bail application of the applicant shall be disposed of by the courts below in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra).
Order Date :- 24.11.2022
Shubham
