Allahabad High Court
Jahir vs State Of U.P. Thru. Secy. Dept. Home Lko. ... on 11 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. - 1883 of 2022 Applicant :- Jahir Opposite Party :- State Of U.P. Thru. Secy. Dept. Home Lko. And 3 Others Counsel for Applicant :- Yogendra Kumar Mishra,Ajeya Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. 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 Session's Judge, Gonda seeking Anticipatory Bail in case crime no. 0296 of 2022, under section 147, 148, 149, 427, 323, 336, 353 IPC and Section 7 of CLA Act and Section 2/3 of Prevention of Damage to Public Property Act, Police Station Khargupur, District Gonda during the pendency of the investigation.
Learned counsel for the accused-applicant after arguing at some length submits that all the offences charged against the applicant are punishable not more than 7 years imprisonment, however, the investigating officer is making efforts to arrest the applicant without issuing any notice as required under Section 41A of Cr.P.C. It is submitted that applicant has apprehension of imminent arrest and in case, he is granted anticipatory bail, he would not misuse the liberty and would cooperate with the investigation.
Learned A.G.A. on the other hand submits that regarding the offences which are punishable up to 7 years or less imprisonment, there is no apprehension of being arrested, hence the instant anticipatory bail application is not maintainable.
Having heard the learned counsel for the parties and looking to the facts and circumstances of the case as well as keeping in view the fact that all the alleged offences against the applicant are punishable not more than 7 years of imprisonment, the instant anticipatory bail application is disposed of with direction to the investigating officer of this case that if the offences being investigated against the applicants are punishable with 7 years or less imprisonment, the law laid down by Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 shall be complied with in letter and spirit.
Order Date :- 11.11.2022 saurabh