Mahboob Alam vs State Of U.P. And Another
2023 Latest Caselaw 12768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4608 of 2023
 

 
Applicant :- Mahboob Alam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Atul Kumar Shahi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

1. Heard Mr. Atul Kumar Shahi, the learned counsel for applicant and Mr. Manish Goyal, the learned Additional Advocate General assisted by Mr. A.K. Sand, the learned A.G.A.-I for State.

2. This application for anticipatory bail has been filed by applicant - Mahboob Alam seeking anticipatory bail in connection with Case Crime No.127 of 2022, under Sections 436, 506, 147, 327, 427, 386, 504 and 120-B I.P.C., Police Station Jajmau, District Kanpur Nagar.

3. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since applicant was not cooperating in the investigation of aforementioned case crime, consequently, non-bailable warrant was issued against applicant. However, in spite of above, applicant did not participate in the investigation. 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 and therefore coercive process has been initiated by the Investigating Officer against applicant, therefore, no indulgence be granted by this Court in favour of applicant.

4. When confronted with above, the learned counsel for applicant could not overcome the same.

5. As a result, present application for anticipatory bail fails and is liable to be rejected.

6. It is accordingly rejected.

Order Date :- 25.4.2023

Atul