Dharmesh Jain vs State Of U.P.
2023 Latest Caselaw 10112 ALL

Citation : 2023 Latest Caselaw 10112 ALL
Judgement Date : 5 April, 2023

Allahabad High Court

Dharmesh Jain vs State Of U.P. on 5 April, 2023

Bench: Siddharth




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3723 of 2023
 

 
Applicant :- Dharmesh Jain
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Suneel Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, Sri Ajai Singh, learned counsel for the informant and learned AGA for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Dharmesh Jain, in Case Crime No.- 2 of 2021, under Section- 498-A, 323, 504, 506, 406, 494 I.P.C and 3/4 D.P. Act, Police Station- Mahila Thana, District- Prayagraj.

Applicant has earlier approached this court by way filing an application under Section 482 No.34343 of 2022 wherein order dated 17.01.2023 was passed directing the applicant to surrender and apply for bail.

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

After hearing rival contentions, this court finds that it is not a fit case for granting anticipatory bail.

Application is accordingly rejected.

However on the request of learned counsel for the applicant, it is directed that the in case applicant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgment and order of Apex Court in the of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021.

For a period of one month he shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

Order Date :- 5.4.2023