Shiv Kumar Yadav vs State Of U.P. And Another
2023 Latest Caselaw 12636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4200 of 2023
 

 
Applicant :- Shiv Kumar Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sudhir Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Sudhir Kumar, the learned counsel for applicant and the learned A.G.A. for State.

This application for anticipatory bail has been filed by applicant-Shiv Kumar Yadav seeking aniticipatory bail in connection with FIR dated 13.02.2023 lodged by first informant-opposite party 2, Chandra Bhan Singh, Labour Enforcement Officer, Kasganj and registered as Case Crime No. 99 of 2023, under Sections 7/13 of the Prevention of Corruption Act, Police Station-Kasganj, District-Kasganj.

In the aforesaid FIR, applicant-Shiv Kumar Yadav has been nominated as solitary named accused.

However, the learned A.G.A. submits that after lodging of the FIR, applicant has not been co-operating with the investigation. To the contrary, applicant has been absconding.

At this juncture, the learned A.G.A. has invited the attention of the Court to the judgment of the Supreme Court in State of M.P. Vs. Pradeep Sharma (2014) 2 SCC 171 and on basis thereof, he submits that no indulgence be granted by this Court in favour of applicant as applicant is not co-operating with the investigation.

When confronted with above, the learned counsel for applicant could not over come the same.

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