Suneel vs State Of U.P. And Another
2023 Latest Caselaw 9521 ALL

Citation : 2023 Latest Caselaw 9521 ALL
Judgement Date : 31 March, 2023

Allahabad High Court

Suneel 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. - 1020 of 2023
 

 
Applicant :- Suneel
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravesh Kumar Singh
 
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, Suneel, in Case Crime No.- 134 of 2022, under Sections- 379, 342, 427, 411 I.P.C, Police Station- Allau, District- Mainpuri.

Applicant was not named in the first information report. Three persons implicated in this case have named the applicant. There is no recovery from 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. Learned AGA has further pointed out that the applicant has criminal history of two cases.

After hearing rival contentions, this court finds that 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 applies 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