Allahabad High Court
Sagar Kumar vs State Of U.P. Thru. Secy. Home ... on 17 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1485 of 2022
Applicant :- Sagar Kumar
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt Civil Sectt Lko And Another
Counsel for Applicant :- Gyanendra Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that although in the F.I.R., allegation of forcible physical relations have been levelled by the prosecutrix against the applicant, however, no such allegation has been levelled by her while giving statement under Section 164 Cr.P.C. The applicant has no criminal history. Charge sheet in this case has already been filed and the applicant undertakes to cooperate in the trial.
Learned A.G.A has raised objection that the applicant during course of the argument has admitted the fact that he has already appeared before the trial court through his counsel, therefore, in view of the judgment of in view of the judgment of Karnataka High Court passed in the case of "Ramesh Vs. State of Karnataka, Criminal Appeal No. 9975/2021", the anticipatory bail is not maintainable when the applicant has put in appearance through counsel and has filed an application for exemption.
It has been further submitted that this Court directed the applicant to file the complete order sheet of the trial court, however, the same has not been filed by the applicant.
On due consideration to the submission advanced as well as perusal of the record, so also the fact that despite the order dated 21.10.2021, the Court directed the applicant to file the complete order sheet of the trial court so that present status of the trial may be taken on record as the charge sheet was submitted on 17.09.2021 and the cognizance has already taken on 21.07.2022, the complete order sheet has not been filed.
So far as the objection raised by the learned A.G.A. that once the applicant has appeared before the trial court through his counsel, the anticipatory bail application is not maintainable is concerned, I find force in the submissions of learned A.G.A. in view of the judgment and order passed in the case of Ramesh (supra) Even otherwise on merits, the allegation against the applicant seems to be very serious.
At this stage, applicant's counsel submits that the instant application may be dismissed granting liberty to file a regular bail application in view of law laid by Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
In view of the observations made herein above, present anticipatory bail application is dismissed. It is provided that in case a regular bail application is filed within twenty days from today before the court below, the same be decided within the next fifteen days in view of the law laid by Hon'ble Supreme Court (supra).
Order Date :- 17.2.2023
R.C.
