Renuka Lily Singh And Another vs State Of U.P.
2023 Latest Caselaw 23871 ALL

Citation : 2023 Latest Caselaw 23871 ALL
Judgement Date : 29 August, 2023

Allahabad High Court

Renuka Lily Singh And Another vs State Of U.P. on 29 August, 2023

Bench: Shekhar Kumar Yadav





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:173763
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8521 of 2023
 

 
Applicant :- Renuka Lily Singh And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Patsy David
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr Sagar Mehrotra, learned counsel for the applicant as well as Mr Manish Goyal, learned Addl. Advocate General assisted by Mr Rupak Chaubey, learned AGA and perused the material available on record.

2. Short counter affidavit has been filed today by learned AGA, which is taken on record.

3. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 54 of 2023, under Sections 420, 467, 468, 506, 120-B IPC and Section 3/5(1) of UP Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Kotwali, District Fatehpur till the conclusion of the trial before the court below.

4. Perusal of record discloses that the court below rejected applicant's anticipatory bail vide order dated 10.07.2023. 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.

5. Mr Manish Goyal, learned Addl. Advocate General 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.

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

7. 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.

8. Accordingly, this application is dismissed.

Order Date :- 29.8.2023

RavindraKSingh