Ram Pratap vs State Of U.P.
2023 Latest Caselaw 9511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 990 of 2023
 

 
Applicant :- Ram Pratap
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Saurabh Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned AGA for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Ram Pratap, in Case Crime No.- 136 of 2019, under Sections- 143, 147, 186, 332, 341, 353 IPC and Section 7 Criminal Law Amendment Act, Police Station- Ghorawal, District- Sonbhadra (U.P.)

Applicant has approached this court after submission of charge-sheet.

Learned counsel for the applicant submits that the investigating officer has not been able to lay his hands on any credible evidence against the applicant.

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicant, he 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.

After hearing rival contentions, this court finds that from the material collected by the investigation officer, it cannot be said that the offence against the applicant is not made out.

It is not a fit case for granting anticipatory bail.

Application is accordingly rejected.

However on the request of learned counsel for the applicant, it is directed that the in case applicant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgment and order of Apex Court in the of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021.

For a period of one month he shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

Order Date :- 31.3.2023

SS