The court rejected an anticipatory bail application under Section 438 Cr.P.C. The applicant claimed apprehension of arrest, but the court found no evidence of police steps or threats to arrest in the preceding six months, rendering the application baseless.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4980 of 2021 Applicant :- Shafiq Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Danish Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the anticipatory bail application.
The present anticipatory bail application has been filed by the applicant Shafiq with a prayer to enlarge him on anticipatory bail in Case Crime No. 147 of 2019, under Sections 379, 411, 413, 414 I.P.C., Police Station Galshahid, District Moradabad.
The first information report version is that a Sentro Car was stolen from the house of the informant and the first information report was lodged against the unknown persons.
Learned counsel for the applicant has submitted that the name of the accused-applicant come in light in the statement of coaccused Noman @ Danish, who has already been enlarged on bail. Submission is that there is apprehension of arrest of the applicant in the case. Further submission is that the criminal history of the applicant shown in the supplementary affidavit, in all those cases, the accused-applicant has already been released on bail. Therefore, the learned counsel for the accused-applicant has submitted that the accused-applicant is entitled to be given the benefit of anticipatory bail. Learned counsel for the applicant has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on anticipatory bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant. He has further submitted that the anticipatory bail application of the accused-applicant was rejected by the court below, vide order dated 04.12.2020, annexed as Annexure No. 3 to the bail application. It has been submitted that till now, the accused-applicant has not been arrested nor it has been shown that the local police is rigorously trying for the arrest of the accused-applicant, therefore, it has been submitted that when in the last six months, the accusedapplicant has not been arrested, the submission of the learned counsel for the applicant that there is apprehension of arrest of the accused-applicant, appears to be baseless, hence, there is no ground for allowing the anticipatory bail of the applicant.
Having regard to the arguments advanced on behalf of both the parties, I find that nothing has been shown in the affidavit that in the last six months, any steps has been taken towards the arrest of the applicant or there is any threat of arrest of applicant. It is why in the last six months, the accused-applicant has not been arrested. Hence, I do not find any force in the present anticipatory bail application.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 14.7.2021 sailesh
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant given lack of recent police action or threat of arrest over the past six months.
Whether the existence of apprehension of arrest justifies the granting of anticipatory bail in the absence of police steps to arrest the accused in the last six months.
1 provisions across 1 enactments
Shafiq
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
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