Allahabad High Court
Chandra Vijay Singh @ Chantu And Another vs State Of U.P. on 14 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2597 of 2023 Applicant :- Chandra Vijay Singh @ Chantu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Chandra Vijay Singh @ Chantu and Rajendra Singh @ Rajan in Case Crime No. 0236 of 2022, under Sections 452, 354, 323, 504, 506 I.P.C., Police Station - Manda, District - Prayagraj.
Heard learned counsel for the applicants as well as the learned AGA and perused the material available on record.
It is submitted by the learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. Applicants' case is squarely covered under Section 438 Cr.P.C. Investigation is going on in the matter. It is further submitted that if the applicants are enlarged on bail, they will not misuse the liberty. The applicants have apprehension of their arrest by the police any time.
Learned A.G.A. opposed the prayer.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.
In this matter, as is evident from the record, offences levelled against the applicant are of Sections 452, 354, 323, 504, 506 IPC, which are punishable with the imprisonment upto seven years. Specific provisions under Section 41-A CrPC have been provided giving protection to the accused person from arrest for the offences punishable upto seven years' imprisonment and in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, the Hon'ble Apex Court has also emphasized upon the power of police to arrest without warrant and it has been clarified that a balance between individual liberty and societal order should be made while exercising power of arrest. It has also been directed that where the 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, the police officer shall not arrest the accused unnecessarily and Magistrate shall not authorize detention casually and mechanically. Even in Section 438 CrPC it has been promulgated that accused must have reason to believe that he may be arrested in cognizanble offence by the police to get protection of anticipatory bail. In the light of aforesaid provisions, the applicants have no reason to believe that they may be arrested. Hence, having regard to the entire facts and circumstances of the case, no indulgence is warranted in the matter. Prayer made in the application is refused.
The application stands disposed of accordingly.
Order Date :- 14.3.2023 safi