Allahabad High Court
Brijesh And Another vs State Of U.P. And Another on 31 July, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:152702
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7883 of 2023
Applicant :- Brijesh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Atul Tej Kulshrestha
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Atul Tej Kulshrestha, learned counsel for the applicants and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.123 of 2023, under Sections 363, 504 IPC, Police Station- Sahpau, District- Hathras during the pendency of investigation.
3. As per prosecution version the complainant/opposite party no.2 Jitendra Kumar has lodged the present First Information Report against the applicants and one another co-accused who is son of applicants on 12.05.2023 alleging therein that in the night of 10.05.2023 at 9:00, he was sleeping at his house and at about 12:00 Hours night the co- accused Banti Dhimar came at his house and enticed away his sister Km. Shivani aged about 16 years with Rs. 30,000/-. When, on 11.05.2023 the complainant went to the house of applicants for asking about his sister then applicants abused him and told him that they have no knowledge about the co-accused Banti.
4. Learned counsel for the applicants submits that the applicants are father and mother of the co-accused Banti, they have been falsely implicated in the present case, they have no concern with the alleged incident. He submitted that the applicants are old and infirm persons and they are suffering from several diseases and they can not move without any support. The applicants are having no previous criminal history as has been mentioned in paragraph 19 of the affidavit. Learned counsel for the applicants 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. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, she is not entitled to grant of anticipatory bail. The apprehension of the applicant 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 applicant 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 :- 31.7.2023
Krishna*
