Mohseen vs State Of U.P. And Another
2024 Latest Caselaw 36826 ALL

Allahabad High Court

Mohseen vs State Of U.P. And Another on 8 November, 2024

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175714
 
Court No. - 70
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9830 of 2024
 

 
Applicant :- Mohseen
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shams Uz Zaman
 
Counsel for Opposite Party :- G.A.,Sumant Krishna Singh
 

 
Hon'ble Deepak Verma,J.
 

1. Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. for the State and perused the record.

2. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.692 of 2020, under Section 307 I.P.C. , P.S. Baraut, District Baghpat.

3. Counsel for the informant submits that applicant is willing not appearing before the trial court as a result thereof proceedings under Section 82 Cr.P.C. has been initiated.

4. In view of the Hon'ble Apex Court judgment passed in State of Haryana vs. Dharamraj, 2023 SCC Online SC 1085, anticipatory bail application is not maintainable.

5. Without going into the merits of the case, in view of the Apex Court's judgment referred above, the applicant is not entitled for any indulgence by this Court.

6. With the aforesaid observation, instant anticipatory bail application of the applicant under Sections 438 Cr.P.C. is hereby rejected.

7. However, if applicant surrenders and applies for bail before the concerned court below within two weeks from today, the same shall be considered and decided by the court below in accordance with law.

Order Date :- 8.11.2024

Meenu Singh