Surajbhan vs State Of U.P. And Another
2023 Latest Caselaw 12637 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1235 of 2023
 

 
Applicant :- Surajbhan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rakesh Chandra Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 120 of 2015, under sections 376, 354, 120B I.P.C., Police Station Bacharu, District Amroha.

It is submitted by learned counsel for the applicant that in this case applicant was implicated falsely. It is also submitted that now there is compromise between the victim and the applicant and she is not ready to prosecute him on account of compromise. It is also submitted that after investigation charge sheet was submitted by the police before the learned Court on which cognizance was taken in the year 2015. It was challenged before this court in which interim protection was granted but on account of impact of judgment passed by the Hon'ble Apex Court in the case of Asian Reserfacing of Road Agency Vs. C.B.I., the order of interim protection came to an end and now process has been issued by the learned court, therefore the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

Learned A.G.A. opposed the prayer as aforesaid and urged that in this case applicant is avoiding the trial and even N.B.W. process under Section 82 Cr.P.C. has already been issued against him even though he is not appearing before the learned trial court.

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the fact that applicant is absconding from the process of the court even though proceedings of N.B.W. under Section 82 Cr.P.C. has already been initiated against him, therefore there appears no ground to grant anticipatory bail in favour of the applicant. Accordingly, this anticipatory bail application is rejected.

Order Date :- 24.4.2023

Suraj Srivastav