Allahabad High Court
Lalit Kumar And 10 Others vs State Of U.P. on 17 August, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7201 of 2022 Applicant :- Lalit Kumar And 10 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anuruddh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicants and learned AGA.
As per learned counsel for the applicant, the present applicants are apprehending their arrest in Case Crime No. 0069 of 2021 u/s 147, 148, 323, 504, 506, 332, 353, 427, 336, 447, 448, 34 IPC and section 7 Criminal Law Amendment Act, 1932, P.S. Bargarh, District Chitrakoot.
However, learned AGA has submitted that charge sheet has been filed against the present applicant in which the punishment is up to seven years. It has been informed that the liberty of the applicants were protected till filing of chargesheet in terms of order dated 7.1.2022 and corrected order dated 17.2.2022 in Crl. Misc. Anticipatory Bail Application No. 19899 of 2021.
Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the FIR.
Learned counsel for the applicants has further submitted that during investigation, the present applicants have cooperated properly, therefore, they were not arrested. Further, 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 they have 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 applicant.
The instant anticipatory bail application is disposed of in the aforesaid terms.
.
(Rajesh Singh Chauhan, J.) Order Date :- 17.8.2022 Om.