Asgar Ali And 3 Others vs State Of U.P And Another
2023 Latest Caselaw 9781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13191 of 2022
 

 
Applicant :- Asgar Ali And 3 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Krishna Kant Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

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

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Criminal Case No.3292 of 2018 arising out of Case Crime No.273 of 2016, under sections 147, 148, 149, 307, 504, 506, 332, 353, 379 I.P.C. & Section 7 Criminal Law (Amendment) Act & Section 3(1) Prevention of Damages to Public Property Act- 1984, Police Station Swar, District Rampur, during the pendency of trial.

It is submitted that in this case applicants were implicated falsely by the police. After investigation charge sheet was submitted on 17.06.2016 which was challenged before this Court in which protection was granted in favour of the applicants but on account of effect of the judgment passed by the Hon'ble Supreme Court in case of Asian Resurfacing Road Agency vs. Central Bureau of Investigation passed in Criminal Appeal No.1375/1376 the interim protection came to an end and the application is still pending. Further submitted that applicants have committed no offence but without collecting proper evidence charge sheet was submitted. Now in pursuance of the process of the court applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the trial.

Learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case applicants have already filed an application u/s 482 Cr.P.C. which is pending. Further urged that after submission of charge sheet applicants are avoiding the process of the court and not appearing before it, therefore, they are not entitled for anticipatory bail.

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 charge sheet was submitted in the year 2016 and after Asian Resurfacing Case (supra) and even after issue of process of the court the applicants are not appearing before the learned court, therefore, there appears no ground to grant anticipatory bail in favour of these applicants.

However, it is directed that in case, applicants appear and move bail application before the learned court concerned within a period of 30 days, the same shall be decided by it as expeditiously as possible in accordance with law.

With the aforesaid observations, this anticipatory bail application is disposed of finally.

Order Date :- 4.4.2023

Ashok Gupta