Dismissed

Vikas Rathaur v. State of U.P.

Allahabad HC7 Apr 2022ABAIL/1767/2022

Case brief

AI extract

What is this about?

This court dismissed an anticipatory bail application as it had become infructuous due to the non-existence of any apprehension of arrest after the filing of the charge sheet. The court noted that the applicant could still approach the subordinate court under Satender Kumar Antill.

What did the court decide?

Anticipatory bail application dismissed as infructuous due to lack of apprehension of arrest.

Vikas Rathaur Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1767 of 2022

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Applicant :- Vikas Rathaur Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Anurag Kumar Pandey, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present anticipatory bail application has been moved by the accused/applicant - Vikas Rathaur in Case Crime No. 1148 of 2021, under Sections 354, 506 I.P.C, Police Station Baradari, District Bareilly, with the prayer to grant him anticipatory bail as he is apprehending arrest in the above-mentioned case.

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It has been informed by learned AGA that charge sheet in this case has been filed under Section 354, 506 IPC. This fact has not been disputed by learned counsel for the applicant.

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Learned counsel for the applicant vehemently submits that the applicant was falsely implicated in this case and though the charge sheet has been filed without arresting the applicant and the alleged offences against the applicant are punishable up to 7 years imprisonment. The case of the applicant is covered by the law laid down by the Hon'ble Supreme Court in Satender Kumar Antill Vs. Central Bureau of Investigation and others: MANU/SC/1024/202.

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Learned AGA on the other had submits that charge sheet has already been submitted and there is no apprehension of arrest available to the applicant and thus anticipatory bail application is not maintainable.

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Having heard learned counsel for the parties and having perused the record, it is an admitted fact that the charge sheet in this case has already been filed which is also reflected by the rejection order of the subordinate court dated 20.1.2022. There is nothing on record which may suggest that any coercive process has been issued by the trial court against the applicant or even cognizance has been taken by the trial court.

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In view of above, in the considered opinion of this Court the

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applicant is not having any apprehension of being arrested, thus keeping in view all the facts and circumstances of the case, the instant anticipatory bail application is dismissed as has become infructuous . However, mere dismissal of this anticipatory bail application will not preclude the applicant to move an appropriate application before the subordinate court in the light of the law laid down by the Hon'ble Supreme Curt in Satender Kumar Antill (supra).

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Order Date :- 7.4.2022 Muk

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Digitally signed by MOHD UMAR KHAN Date: 2022.04.07 17:35:29 IST Reason: Location: High Court of Judicature at Allahabad

Vikas Rathaur v. State of U.P.

Case brief

What is this about?

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Vikas Rathaur v. State of U.P.

Case brief

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