Allahabad High Court
Balram Yadav vs State Of U.P. And 3 Others on 24 May, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:115644
Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2228 of 2023
Applicant :- Balram Yadav
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Awadhesh Kumar Yadav
Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Nalin Kumar Srivastava,J.
1. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Balram Yadav in Case Crime No. 338 of 2022, under Sections 147, 323, 354, 452, 506 I.P.C. 7/8 POCSO Act, Police Station - Campierganj, District - Gorakhpur.
2. Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record. None is present for the informant.
3. In this matter, it is alleged that on 17.8.2022 at 12.00 noon, accused applicant alongwith other co-accused persons, who are the family members of the applicant, came to the house of the informant due to some previous grudge and made assault upon the informant and his family members and also tired to outrage the modesty of minor daughters. It is further alleged that prior to the present occurrence, co-accused Ghanshyam Yadav and present applicant used to tease the minor girls of the family of the informant. F.I.R. was lodged and investigation started, which is still going on.
4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicants are false. Applicant's case is squarely covered under Section 438 Cr.P.C. It is further submitted that it is cross case of the F.I.R. lodged on the basis of accused side. Investigation in the matter is going on. It is further submitted that if the applicant is enlarged on bail, he will not misuse the liberty. Applicant has no criminal history. The applicant has apprehension of his arrest any time.
5. Learned A.G.A. opposed the prayer
6. It appears from the perusal of the record that earlier Criminal Misc. Writ Petition No. 18618 of 2022 was filed by the present applicant alongwith other co-accused persons to quash the F.I.R. of the case, which was disposed of vide order dated 3.12.2022 holding therein that the applicants are well protected in view of the judgment of the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147, as the offences levelled against the applicant are punishable with the imprisonment upto seven years. It was also held that the police authorities are bound to follow the procedure laid down under Section 41-A CrPC.
7. Since the alleged offences are punishable with the imprisonment for a maximum period of seven years, the applicant is already protected from arrest by virtue of the provisions of Section 41-A CrPC and the law laid down in the aforesaid case laws, in my view, there is no need to proceed further in the matter.
8. The application stands disposed of accordingly.
Order Date :- 24.5.2023
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