Allahabad High Court
Himanshu Tyagi vs State Of U.P. And 2 Others on 17 May, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:108439 Court No. - 82 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 28 of 2023 Applicant :- Himanshu Tyagi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kamaluddin Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking cancellation in Case Crime No. 808 of 2021, under sections 420, 384, 386 I.P.C. arising out of case crime no. 3/2021 Police Station Transport Nagar, District Meerut, during the pendency of investigation.
It is submitted by learned counsel for the applicant that the opposite party No. 2 and 3 were granted anticipatory bail by order dated 18.06.2021 by this Court in which condition was imposed that applicants shall cooperate in the trial but they are not co-operating with the trial. It is also submitted that after submission of charge sheet they challenged the summoning order dated 25.03.2021 by this Court in application No. 22312 of 2021 in which he was given an option for moving discharge application within four weeks and during pendency of that application no coercive actions were to be taken against the applicant and in pursuance of which they moved discharge application before the learned court that is still pending. It is further submitted that after moving the discharge application applicant is not arguing the case but exemption applications are being moved by him which was also rejected by the learned court and N.B.W. was issued against him by order dated 21.10.2022 even though they are not appearing before the learned court, therefore requested for cancellation of anticipatory bail granted in favour of the applicant by order dated 18.06.2021.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, there appears no ground to cancel the order of anticipatory bail dated 18.06.2021, as a result this cancellation of anticipatory bail application is hereby refused.
However, it is directed that in case applicant does not appear before the learned trial court in pressing the discharge application even after issuing the process against him, the court is at liberty to proceed against the applicant while taking recourse of Section 446 Cr.P.C.
Accordingly, this anticipatory bail cancellation application is disposed of finally.
Order Date :- 17.5.2023 Suraj Srivastav