Allahabad High Court
Akash Sharma vs State Of U.P. on 10 March, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:34454
Court No. - 70
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1956 of 2025
Applicant :- Akash Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Singh Rathore
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard Sri Rajesh Singh Rathore, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 384 of 2024, under Sections 147, 148, 149, 307, 427, 435, 323, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Izzat Nagar, District- Bareilly, during the pendency of trial.
3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; Both the parties have lodged FIR and received injuries. Applicant is not named in the FIR and he was in other State at the time of incident. there is no direct evidence against the applicant. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
4. Learned AGA submitted that informant tried to maintain the peace in the society but applicant and other co-accused persons involved in pelting the stones. Applicant having two cases of criminal history, which have not been explained in present anticipatory bail application. Charge sheet has been submitted against co-accused.
5. On facts and circumstances, no case is made out to grant anticipatory bail to the applicant.
6. However, considering the Hon'ble Apex Court judgment passed in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, where guidelines have been given for arresting a person, which are being reproduced hereinbelow:-
"Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:
All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr.P.C.;
All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);
The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;
The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine."
7. In the recent judgment in the case of MD. Asfak Alam Vs. The State of Jharkhand and another passed in Criminal Appeal No. (S) 2207 of 2023 decided on 31.07.2023, the Apex Court has reiterated the guidelines given in the case of Arnesh Kumar (supra).
8. Taking into account the totality of the fact and circumstances of the case and the in the light of the ratio laid down in the case of Arnesh Kumar (supra) and reiterated in the case of MD. Asfak Alam (supra), the freedom of the applicant is protected, provided if the I.O. of the case gives notice to them as provided under Sections 41 and 41(A) of Cr.P.C. and summon the applicant in this case, applicant is obliged to render his fullest cooperation in the investigation.
9. It is made clear that if some credible material is brought on record during investigation against the applicant, then only the I.O. of the case after recording its reason may affect the arrest of the applicant, strictly adhering to the guidelines provided in the case of Arnesh Kumar (supra) and MD. Asfak Alam (supra).
10. With the aforesaid observations, the instant anticipatory bail application stands disposed off.
Order Date :- 10.3.2025
Nitin Verma
