This is a short order rejecting an application for anticipatory bail. The High Court held the applicant wasn't entitled to bail due to the nature of the accusation and facts, directing future bail prompts to be considered expeditiously.
Application for anticipatory bail rejected; applicant directed to move regular bail application within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2278 of 2022
Applicant :- Nandram Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by the learned A.G.A. and rejoinder affidavit, filed by the learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 111 of 2021, under Sections 147, 148, 149, 364, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, P.S. Kotwali Dakor, District Jalaun, with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the abovementioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. The applicant is not named in the first information report, which was lodged against Pawan, Rahul, Rishabh and 5-6 unknown persons, alleging that the brother of informant has performed love marriage with one Sapna, due to which her family members were angry and that on 19.05.2021 accused persons have taken away the said Sapna with them and thereafter on 21.05.2021 at 6.30 PM, the accused persons forcibly abducted the brother of informant and took him away. Learned counsel submitted that applicant has been falsely implicated in this case during investigation. The applicant is a distant relative of said Sapna. It was further submitted that in fact the informant has made a complaint to the police on 19.05.2021 regarding taking away the wife of his brother but his report was not lodged. It was also submitted that later on the said Sapna, who is wife of
brother of informant, has made an application under Section 156(3) Cr.P.C. against her family members and a case was registered. Referring to facts of the matter, it was submitted that there is no credible evidence against the applicant. The applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail and argued that applicant and co-accused persons have forcibly abducted the brother of informant and took him away and thereafter he was recovered by the police on 22.05.2021. In his statement, victim has clearly stated that applicant and coaccused persons have abducted him.
Considering submissions of learned counsel for the parties, nature of accusation and attending facts and circumstances of the case, the applicant is not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected .
However, it is directed that in case applicant appears before the Court below within two weeks from today and applies for bail, the same shall be considered and decided expeditiously in accordance with settled law.
Order Date :- 24.11.2022 A. Tripathi
Digitally signed by AKHILESH TRIPATHI Date: 2022.11.25 16:44:05 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. given the allegations of kidnapping and rape.
Whether the allegations against the applicant are supported by credible evidence.
8 provisions across 2 enactments
Nandram
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
