Allahabad High Court
Ankit Rajpoot @ Hani Singh vs State Of U.P. on 4 July, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3143 of 2022 Applicant :- Ankit Rajpoot @ Hani Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh,Gaytri Rajput Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending his arrest in connection with Case Crime No.46 of 2022, under Sections 147, 148, 149, 143, 145, 151, 152, 342, 353, 332 504, 506, 188, 259, 270 IPC and Section 3 Epidemic Diseases Act, 1897 and Section 7 of Criminal Law (Amendment) Act, 1932, Police Station Jariya, District Hamirpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case due to party bandi and he has not committed any offence as alleged by the prosecution. There is no specific allegation against the applicant and only general allegations have been levelled against all the accused persons including the applicant. The incident occurred by Bolero Car No.UP 95 P-4117 from which one girl met with an accident and died on spot, thereafter, the annoyed villagers blocked the road with demand and while pelting stone, some police personnel have received injuries, which are simple in nature. The applicant has no criminal history.
Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The applicant is named in the FIR. Video clip of the alleged incident has been found by the police in which the identity of the applicant is disclosed. He has further submitted that the apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant.
Accordingly, the prayer for grant of anticipatory bail to the applicant is hereby refused.
However, it is provided that in case the applicant applies for bail before the court below, the same shall be decided in view of the judgment in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
In view of the above, the present application is disposed of.
Order Date :- 4.7.2022 Ajeet