Guddu vs State Of U.P. And Another
2023 Latest Caselaw 10662 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1424 of 2023
 

 
Applicant :- Guddu
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Dubey,Krishna Kant Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Nalin Kumar Srivastava,J.

Criminal Misc. Exemption Application No.1 of 2023 is allowed.

This application has been moved on behalf of the applicant - Guddu seeking anticipatory bail in Case Crime No.16 of 2020, under Sections 147, 436, 504 IPC, Police Station Hafizpur, District Hapur.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It has been argued by the learned counsel for the applicant that applicant is innocent and they has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken by the Court concerned. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

Learned A.G.A. opposed the prayer for anticipatory bail.

It appears from the perusal of the record that an application u/s 482 Cr.P.C. was moved by the present applicant alongwith other co-accused persons and in the said matter, the proceedings of the case were ordered to be stayed against the accused including the present applicant. It also reveals from the perusal of the record that subsequently the trial court, in compliance of the order of the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd and another Vs. Central Bureau of Investigation, (2018) 16 SCC 299, proceeded with the case and vide order dated 30.8.2022, accused applicant was summoned and at present non-bailable warrant has been issued against the applicant. Since application u/s 482 Cr.P.C. No.-11310 of 2021 is still pending, which was moved for the quashing of the entire proceedings alongwith the summoning order dated 4.3.2021, it will not be appropriate to consider the matter of anticipatory bail under Section 438 Cr.P.C. Hence, at this stage, no anticipatory bail is granted to the accused-applicant. The prayer made in the application is refused.

However, it is directed to the trial court that if the accused-applicant appears before the court and applies for bail, his bail application shall be considered and decided strictly in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 particularly, the directions given for the offences provided in Category B of the head "Categories / Types of Offences."

It is further directed that the learned court concerned, while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter.

The application stands disposed of accordingly.

Order Date :- 11.4.2023

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