Allahabad High Court
Shiv Charan Maurya And Another vs State Of U.P. Nad 2 Others on 22 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6176 of 2022 Applicant :- Shiv Charan Maurya And Another Opposite Party :- State Of U.P. Nad 2 Others Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicants and learned AGA for the State of U.P. The applicant has moved the present application for anticipatory bail apprehending their arrest the case in Case Crime No.521 of 2018, under Section 420 IPC & 3/7 Essential Commodities Act, P.S. Chaubeypur, District Varanasi.
However, learned AGA has submitted that charge sheet has been filed against the present applicant in which the punishment is up to seven years.
Learned counsel for the applicants has submitted that the present applicants have been alsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the FIR. Learned counsel for the applicants also submitted that recovery of wheat and rice belongs to the farmers. It is also submitted that during investigation a protection order was passed in Writ Petition No.33204 of 2018 dated 19.11.2018 till the submission of police report. Since the charge sheet has been filed under sections in which the punishment is upto seven years, therefore, in view of the dictum of the Apex Court in re; 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, arrest of the present applicants may not be warranted. He has also submitted that the present applicants shall cooperate with the trial proceedings in the same manner as he has cooperated with the investigation, therefore, any protection may be given to them.
Since under the sections in which the charge sheet has been filed the punishment is upto seven years, therefore, it is expected from the learned court below to abide by the dictum of the Hon'ble Apex Court in re; Satender Kumar Antil (supra), Siddharth (supra) and Aman Preet Singh (supra) as the law propounded by the Apex Court is the law of land and everyone is duty bound to follow such law in its letter and spirit. It is also observed that the present applicant shall also cooperate with the trial proceedings properly.
However, in such circumstances, there is no need to pass any order granting anticipatory bail as prima facie it appears that there is no apprehension of the arrest of the present applicants.
The instant anticipatory bail application is disposed of in the aforesaid terms.
Order Date :- 22.8.2022 Monika