Sudhir Kumar Sharma Urf Guddu vs State Of U.P. And Another
2023 Latest Caselaw 21702 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161946
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8986 of 2023
 

 
Applicant :- Sudhir Kumar Sharma Urf Guddu
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Istiyaq Ali,Ali Hasan
 
Counsel for Opposite Party :- G.A.,Anurag Shukla
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record. Learned counsel for the informant is also present.

2. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Criminal Case No. 132 of 2018, under Section 392 IPC, P.S. Badhpura, District Etawah till the conclusion of the trial before the court below.

3. Perusal of record discloses that the court below rejected applicant's anticipatory bail vide order dated 19.7.2023. Further it is also revealed that not only non-bailable warrant was issued against applicant but proceedings were also initiated under Sections 82 and 83 Cr.P.C.

4. Learned AGA appearing for the State submitted that applicant is not cooperating with the trial, therefore, not only non bailable warrant was issued but now proceedings under Section 82/83 Cr.P.C. have also been initiated against applicant, therefore, no case for anticipatory bail is made out.

5. Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation against the applicant by the informant.

6. Having heard learned counsel for the applicants and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of Prem Shankar Prasad vs. State of Bihar, 2021 SCC OnLine SC 955, in which the Hon'ble Apex Court has opined that if coercive action has been initiated against the accused/applicant, then the anticipatory bail is not maintainable.

7. Accordingly, this application is dismissed as not maintainable.

8. However, two weeks time is granted to applicant to surrender before Trial Court and to move an application for bail. In case such an application is filed by applicant, Trial Court is directed to decide the same expeditiously in accordance with law.

Order Date :- 10.8.2023

RavindraKSingh