Allahabad High Court
Jahir vs State Of U.P. Thru. Secy. Deptt. Home, ... on 25 November, 2022
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1889 of 2022 Applicant :- Jahir Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home, Govt. Up Lko. And 3 Others Counsel for Applicant :- Ajeya Mishra,Yogendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 29.10.2022 passed by learned Sessions Judge, Gonda, seeking Anticipatory Bail in Case Crime No. 294 of 2022, under Sections 147, 148, 149, 427, 307, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Khargupur, District Gonda.
In this case, first information report was lodged on 11.10.2022 against 39 named persons and 10-15 unknown persons under Sections 147, 148, 149, 427, 307, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act.
On 14.11.2022, following order was passed by this Court :-
"Apart from other arguments, it is submitted by learned counsel for the applicant that in this case, no one has received injuries therefore there is no injury report of any injured on record. In paragraph no. 24 of the affidavit, it is also stated that the petitioner has no criminal antecedents whereas the said submissions of learned counsel for the applicant is disputed by learned Additional Government Advocate by contending that in this case, four persons have received injuries and apart from this case, applicant has also criminal history of one case being case crime no. 296 of 2022, under Sections 147, 148, 149, 332, 336, 355, 427 IPC and Section 7 CLA Act, P.S. Khargupur, District Gonda.
Learned A.G.A. prays for and is allowed ten days time to produce the injury reports of the injured.
List this case on 25.11.2022 as fresh."
Pursuant to aforesaid order dated 14.11.2022, learned AGA has produced the injury report of injured Durgesh Pandey, Sonu Modanwal, Sarvesh Pandey and Vipin Modanwal. He also submit that the investigation is still pending in the matter.
Learned counsel for the applicant after advancing some argument and on putting certain query by the Court submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.
On the other hand, learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant.
Having regard to the statement made by learned counsel for the applicant at the Bar, the relief as sought for by the applicant by means of this anticipatory bail application, at this stage, is hereby refused.
Considering the aforesaid alternative prayer made on behalf of the applicant, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below. In case the applicant applies for bail under Section 439 Cr.P.C., the bail application of the applicant shall be disposed of by the courts below in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra).
Order Date :- 25.11.2022 Shubham