Mohd. Shakeel vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 16311 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36898
 
Court No. - 12
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1135 of 2023
 
Applicant :- Mohd. Shakeel
 
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko.
 
Counsel for Applicant :- Desh Mitra Anand
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This anticipatory bail application has been filed seeking relief in the unknown crime numbers already lodged or would be lodged and are being investigated by the Economic Offences Wing in respect of the alleged occurrence of fraud and cheating at the offeice of Shine City Infratech Private Limited, Gomti Nagar, Lucknow. The prayer made in the anticipatory bail application is extracted below:-

"For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to grant Anticipatory Bail to the accused/applicant as he is apprehending arrest in the unknown crime numbers already lodged or would be lodged and are being investigated by the Economic Offences Wing (EOW) in respect of alleged occurrence of fraud and cheating at the office of Shine City Infratech Private Limited Gomti Nagar Lucknow allegedly committed by its managing directors or others having its properties at Bukshi ka Talab & Mohanlalganj Lucknow,

Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in favour of the applicant."

Learned A.G.A. has vehemently opposed the anticipatory bail application submitting that the relief prayed for in the anticipatory bail application is fully misconceived. If the relief is given, this will be a blanket order which cannot be granted under Section 438 Cr.P.C. He has invited attention of the Court towards rejection order dated 07.04.2023.

A Perusal of the rejection order depicts that learned trial court while relying on the judgment of the Supreme Court in the case of "Adri Dharan Das Vs. State of West Bengal reported in (2005) 4 SCC 303", has rejected the anticipatory bail application of the applicant on the ground that blanket order cannot be passed.

Considering the judgment of Adri Dharan Das (supra) as well as perusal of the rejection order dated 07.04.2023, I am of the view that no relief can be given to the applicant in unknown crime numbers already lodged or which are going to be lodged in future. The trial court has rightly held that each and every crime is distinct and has its own facts, only because nature of the crime are similar, it cannot be said that they will constitute one.

I do no find any illegality in the order impugned. The application is devoid of merits and is accordingly dismissed.

Order Date :- 23.5.2023

R.C.