Vijay Kumar vs State Of U.P.
2023 Latest Caselaw 19465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:150613
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7914 of 2023
 

 
Applicant :- Vijay Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Dhirendra Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard learned counsel for the applicant, as well as, learned AGA for the State and perused the material placed on record.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 188 of 2009, under Sections 409, 419,420,467,468 IPC, P.S. Chakia, District Chandauli, during the pendency of trial.

3. At the very outset, learned A.G.A. has raised preliminary objection and stated that in the present matter, charge sheet was submitted on 09.11.2008. It is further submitted that now the Court has issued N.B.W. and proceedings under Section 82/83 Cr.P.C. has also been initiated and just to skip the same, he has filed present anticipatory bail application. Lastly they have submitted that in the light of judgments of Apex Court in the matters of Prem Shankar Prasad Vs. State of Bihar, 2021 SCC OnLine SC 955, State of Madhya Pradesh vs. Pradeep Sharma (2014) 2 SCC 171 and Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, once the coercive proceeding has been started to arrest the accused, no protection can be extended to the applicant in anticipatory bail application.

4. Record discloses that applicant earlier approached this Court by filing 482 application (Application 482 No. 1731 of 2011), challenging the charge sheet which was disposed of on 2.2.2011 directing the applicant to surrender before the Court concerned within thirty days but the said order has not been complied with and instead moved discharge application and during the pendency of the said application NBW has also been issued. Again, the applicant moved this court by filing 482 application (Application 482 No. 18459 of 2022) challenging the order of issuing NBW and order for proclamation issued against the applicant including the entire proceedings.

5. Learned counsel for applicant could not dispute the aforesaid facts as well as legal submissions advanced by learned A.G.A.

6. Under such facts of the case as well as settled provisions of law, the applicant is not entitled to be released on anticipatory bail.

7. Accordingly, the anticipatory bail application is rejected. Applicant is advised to move regular bail application before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously in accordance with law.

Order Date :- 27.7.2023

RavindraKSingh