Allahabad High Court
Smt. Kasan Devi And 6 Others vs State Of U.P And Another on 9 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8341 of 2022 Applicant :- Smt. Kasan Devi And 6 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicants and learned AGA for State.
Apprehending their arrest, applicants has moved present application for anticipatory bail in the event of arrest in Case Crime No. 156/2022, under Sections 147, 148, 149, 452, 323, 504, 506, 427, 380 I.P.C., P.S.- Fatehabad, District- Agra.
Learned counsel for the applicants has submitted that applicant no. 1 moved an application under Section 156(3) Cr.P.C. which is pending before the court concerned. Injuries of the injured are not grievous. Applicants have been falsely implicated to this case as applicants have not committed any offence, prima facie, as alleged in the F.I.R. Entire case of prosecution is mala fide with intention to harass the applicants, accusation of the applicants is with the object of humiliation. It is also submitted that punishment provided in the said Sections is up to 7 years. Arrest of the applicants is not warranted. Applicants shall cooperate with the investigation/trial proceeding, therefore, protection may be given in favour of the applicants.
Learned AGA objected the anticipatory bail application and submitted that apprehension of arrest of the applicants is not based on concrete/reasonable grounds but conceded that the punishment provided for the said offences is up to 7 years. Anticipatory bail application lacks merit and is liable to be rejected.
The Sections in which F.I.R. lodged, punishment is up to 7 years, therefore, it is expected from the learned court below to abide by the law propounded by the Apex Court. Law propounded by the Apex Court is the law of the land and everyone is duty bound to follow such law in its letter and spirit.
Considering the facts and circumstances of the case, there is no need to pass any order granting anticipatory bail as prima facie it appears that there is no apprehension of arrest of the present application as law laid down in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.
However, applicants- Smt. Kasan Devi, Himmat Singh, Devendra Singh, Brajesh, Aman, Bhura @ Shubham, Akash shall move regular bail application before the court concerned within 15 days from today the same shall be heard and disposed of expeditiously by the court below in view of the law laid down in the case of Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No. 5191 of 2021, Siddharth vs. The State of Uttar Pradesh & Anr., Criminal Appeal No. 838 of 2021 and Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No. 929 of 2021.
The instant anticipatory bail application is disposed of in the aforesaid terms.
Order Date :- 9.9.2022 Sharad/-