Allahabad High Court
Kameshwar Mishra vs State Of U.P. on 24 April, 2023
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4207 of 2023
Applicant :- Kameshwar Mishra
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Chakrasudan Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajiv Lochan Shukla, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application for anticipatory bail has been filed by applicant-Kameshwar Mishra seeking anticipatory bail in connection with Case Crime No. 215 of 2023, under Section 419, 420, 120B IPC, Sections 66, 66C of the Information Technology Act, Section 29 of Police Act and Sections 7/8/13 of the Prevention oif Corruption Act, Police Station-Khalilabad, District-Sant Kabir Nagar.
Record shows that an FIR dated 07.03.2021 was lodged by first informant-Anshuman Mishra and was registered as Case Crime No. 215 of 2023, under Section 419, 420, 120B IPC, Sections 66, 66C of the Information Technology Act, Section 29 of Police Act and Sections 7/8/13 of the Prevention oif Corruption Act, Police Station-Khalilabad, District-Sant Kabir Nagar. In the aforesaid FIR, 3 persons namely (1) SI, Kameshwar Mishra and (2) Head Constable Manoj Kumar Patel have been nominated as named accused.
At the very outset, the learned A.G.A. submits that since applicant has not been co-operating in the investigation of aforementioned case crime number, coercive process under Section 82 Cr.P.C. has been initiated against applicant. He has then referred to the judgment of Supreme Court in State of M.P. Vs. Pradeep Sharma (2014) 2 SCC 171 and on basis thereof, he submits that since applicant has not been co-operating in the investigation, therefore, no indulgence be granted by this Court in favour of applicant.
As a result, present application is liable to be dismissed at this stage.
When confronted with above, the learned counsel for applicant submits that FIR was lodged on 07.03.2021 but without wasting any time, applicant approached this Court by filing Criminal Misc. Writ Petition No. 4420 of 2023 (Kameshwar Kumar Mishra Vs. State of U.P. and 2 Others) which was disposed of vide order dated 22.03.2023. Thereafter, applicant approached court below by means of Anticipatory Bail Application No. 2192 of 2023 on 29.03.2023 which came to be dismissed by court below vide order dated 05.04.2023. Immediately thereafter, the present application for anticipatory bail was filed on 11.04.2023. He further submits that applicant is a police personnel and therefore, it cannot be said that applicant has been absconding from the proceedings of aforementioned case crime number.
Be that as it may, it is an undisputed fact that coercive process under Section 82 Cr.P.C. has already been issued against applicant on account of his non-cooperation in the investigation of concerned case crime number. In view of above, the ratio laid down by Apex Court in the case of Pradeep Sharma (Supra) is clearly attracted in the present case.
As a result, present application for anticipatory bail fails and is liable to be rejected.
It is accordingly rejected.
Order Date :- 24.4.2023
Vinay
