Allahabad High Court
Vinay Kumar Sharma vs State Of U.P. on 7 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3814 of 2022 Applicant :- Vinay Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh,Bhaskar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Sunil Kumar Singh, counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application has been moved by the accused-applicant- Vinay Kumar Sharma, in Case Crime No.0424 of 2021, under Sections 406, 506 I.P.C., Police Station Ramgarh Tal, District Gorakhpur, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.
Learned counsel for the applicant while pressing the anticipatory bail application submits that the alleged offences, wherein the investigation is going on, are pertaining to Sections 406, 506 I.P.C. and thus they are punishable with upto 7 years of imprisonment, but the investigating officer without complying the mandate of Sections 40, 41-A Cr.P.C. as well as the law laid down by Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 is making all out efforts to apprehend/arrest the applicant while there is no iota of evidence or material available on the basis of which the applicant could be arrested.
Learned A.G.A. on the other hand submits that there is nothing available on record, which may suggest that the applicant had been issued notice under Section 41A Cr.P.C. and therefore it appears that the investigating officer has not taken a decision to arrest the applicant.
Be that as it may, the apprehension of the applicant is that while the offences, which are being investigated, are punishable with upto 7 years of imprisonment, the investigating officer is not complying the provision of Section 40, 41A Cr.P.C. as well as the law laid down by Hon'ble the Supreme Court in Arnesh Kumar (supra). Having regard to the apprehension shown by learned counsel for the applicant, without commenting on merits and demerits of the case, the instant anticipatory bail application is disposed of with direction to the investigating officer of the instant case that if the offences being investigated against the applicants are punishable with upto 7 years of imprisonment, the provisions as contained in Sections 40, 41A of Cr.P.C. as well as the law propounded by Hon'ble Supreme Court in Arnesh Kumar (supra) shall be complied with in letter and spirit by investigating officer, without fail.
Order Date :- 7.5.2022 Anupam S/-