Brijpal vs State Of U.P. And Another
2023 Latest Caselaw 9513 ALL

Citation : 2023 Latest Caselaw 9513 ALL
Judgement Date : 31 March, 2023

Allahabad High Court

Brijpal vs State Of U.P. And Another on 31 March, 2023

Bench: Siddharth




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3549 of 2023
 

 
Applicant :- Brijpal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Moeez Uddin
 
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, Brijpal, in Case Crime No.- 547/151/2012, under Section- 406 I.P.C, Police Station- Kotwali Dehat, District- Bulandsaher (U.P.)

There are allegations against the applicant in the first information report of committing offence of criminal breach of trust.

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