Ayyub vs State Of U.P. And Another
2023 Latest Caselaw 8563 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 908 of 2023
 

 
Applicant :- Ayyub
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rakesh Kumar Singh,Ram Adhar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Second supplementary affidavit filed by the learned counsel for the applicant today is taken on record.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.239 of 2017, under sections 420, 467, 468, 471 I.P.C., Police Station Kairana, District Shamli, during the pendency of trial.

It is submitted that in this case applicant and informant are real brothers. There is dispute relating to a will executed by father of the applicant and the informant regarding which civil suit is pending before the learned court concerned. The present F.I.R. was lodged in the year 2017 which was challenged before this Court in which till submission of police report u/s 173(2) Cr.P.C. interim protection was granted. Later on, after investigation charge sheet was submitted and the same was challenged before this Court which is still pending. After the judgment passed by the Hon'ble Supreme Court in the case of Asian Resurfacing case the aforesaid interim order came to an end and N.B.W. was issued against the applicant by the learned trial court as a result in pursuance of the process of the court applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

Learned A.G.A. opposed the prayer for anticipatory bail and urged that while application u/s 482 Cr.P.C. is pending before this Court, anticipatory bail cannot be entertained. It is also urged that applicant is avoiding the process of the court as a result N.B.W. was issued even though he is not appearing before the learned court, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A, perusal of record and the fact that applicant is avoiding the process of the court, there appears no ground to grant anticipatory bail in favour of this applicant.

However, as per the submission of learned counsel for the applicant, it is directed that in case applicant appears and moves bail application before the learned court concerned, the same shall be decided by it as expeditiously as possible in the accordance with law.

With the aforesaid observations, this anticipatory bail application is disposed of finally.

Order Date :- 23.3.2023

Ashok Gupta