Allahabad High Court
Ashok Kumar And 3 Others vs State Of U.P. on 8 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:158860
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6761 of 2023
Applicant :- Ashok Kumar And 3 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Umendra Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Supplementary affidavit has been filed today, is taken on record.
2. Heard Mr. Umendra Kumar Yadav, learned counsel for the applicants and learned Additional Government Advocate for the State.
3. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No79 of 2018, under Sections 324, 325, 308, 504 IPC, Police Station Banda, District Shahajahanpur.
4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case, in fact, no such incident has taken place. The applicants have never committed any offence as alleged in the impugned FIR. As per allegation, the applicants armed with Lathi, Danda, Kanta have beaten the informant, as a result of which, he sustained injuries. He further submits that the investigating officer without conducting proper investigation has submitted charge sheet and the court below has taken cognizance. He further submits that the applicants are having no previous criminal history as has been mentioned in paragraph 15 of the affidavit. He further submits that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
5. Learned A.G.A. opposed the prayer for anticipatory bail of the applicants and has submitted that the applicants have inflicted injuries to the informant as a result of which he sustained grievous injuries. The allegation are very serious and in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants.
7. After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, there is no justification for granting anticipatory bail to the applicants. Accordingly, the prayer for grant of anticipatory bail is hereby refused.
8. At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
9. In the case of Satender Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).
10. However, considering the nature of the allegations and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
11. With the above directions, this anticipatory bail application is disposed of finally.
Order Date :- 8.8.2023
Ajeet
