Allahabad High Court
Manoj Gawar vs State Of U.P. on 6 January, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:2285
Court No. - 10
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11131 of 2024
Applicant :- Manoj Gawar
Opposite Party :- State of U.P.
Counsel for Applicant :- Shashwat Kishore Chaturvedi
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Mr. Shashwat Kishore Chaturvedi, learned counsel for applicant and Mr. B.P. Singh, learned A.G.A for State.
2. This court has passed the following order on 09.12.2024:-
"1. This Court has passed following order on 2.12.2024:
"The applicant cannot be escaped from due procedure of law even he is a member of Army. The investigation is pending against the applicant for last four years and his anticipatory bail application has already been rejected by the trial court.
In the aforesaid circumstances, an opportunity is granted to applicant to appear before the Investigating Officer and for that a week's time is granted to learned counsel for applicant to seek instruction.
List on 09.12.2024. "
2. Sri Shashwat Kishore Chaturvedi, learned counsel for the applicant submitted that applicant will appear before the concerned Investigating Officer on 26 or 27.12.2024 since he will be on leave from 25.12.2024 onwards.
3. Sri B.P.Singh, learned A.G.A. submitted that Sri Gaurav Chauhan, S.I. is present in Court. He submitted that despite repeated efforts, applicant is not reachable, though coercive measures have been initiated against him. Even proceedings under Section 83 Cr.P.C. are also initiated.
4. Learned A.G.A. further submitted that in view of judgment passed by Supreme Court in Srikant Upadhyay & Ors. Vs. State of Bihar & Anr, 2024 INSC 202 and also of this Court in Yogendra Kumar Mishra Vs. State of U.P. & Anr, Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P. No.20357 of 2021 that in such circumstances, when proceedings under Section 83 Cr.P.C. has been initiated, accused is not entitled for anticipatory bail.
5. Learned A.G.A. further submitted that an F.I.R. under Section 209 of B.N.S. has also been lodged against the applicant.
6. According to F.I.R., members of Gangs were arrested who were involved in making forged documents mainly used for the purpose of getting services in the armed forces.
7. Later on, on a statement of one Satish Kumar, name of the present applicant who has disclosed the name of one person who was connected with the gang, took benefit from the members of the gang and accordingly name of the applicant was also added as an accused.
8. In view of aforesaid circumstances, it appears that action of the applicant is not bonafide, still considering that he is posted at Border, an opportunity is granted to the applicant to appear before the concerned concerned Investigating Officer on 26.12.2024 at 10 A.M. and if required by the Investigating Officer, applicant shall remain present on the next date fixed also.
9. Let this matter be listed on 6.1.2025.
10. On the next date fixed Sri Gaurav Chauhan, S.I. shall remain present before this Court along with report as to whether the applicant has co-operated during investigation or not. "
3. It is informed that in pursuance of the above order applicant Manoj Gawar, has appeared before the Investigating Officer who has recorded his statement. Shri Gaurav Chauhan, Sub Inspector of Police is present in the Court.
4. Learned counsel for State submits that custodial interrogation of applicant is not required and the outcome of the investigation will be submitted within a short period.
5. In the aforesaid circumstances, since there is no threat to the applicant for his arrest, as well as taking note of above submissions, this application is disposed of.
Order Date :- 6.1.2025
Saurabh
