In an anticipatory bail application under Section 438 Cr.P.C., the High Court dismissed the plea as it was not pressed with liberty to approach the court concerned for regular bail. The judgment relied on recent Supreme Court decisions guiding this procedure.
Application dismissed as it was not pressed with liberty to appear before the court below.
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. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3486 of 2022
Applicant :- Arun Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Order on Exemption Application
Exemption application is allowed.
Order on Crl. Misc. Anticipatory Bail Application
Heard Mr. Fakhruzzaman, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application for anticipatory bail has been filed by applicant- Arun Dubey in connection with Case Crime No. 221 of 2018, under Sections 406, 420 I.P.C., Police Station- Kotwali Konch, District- Jalaun.
At the very outset, learned A.G.A. submits that charge sheet has been submitted against applicant on 08.05.2019 upon which cognizance has also been taken by court concerned, vide Cognizance Taking Order dated 28.02.2020. Resultantly, Criminal Case No.448 of 2020 (State Vs. Manoj Kumar Singh Gujjar and Others) has now come into existence. Applicant has been avoiding the process of the Court in aforementioned criminal case for the last two years. Resultantly, the proceedings of afore-mentioned criminal case have remained held up for two years. As such, he does not deserve any indulgence by this Court.
At this stage, learned counsel for applicant contends that present application for anticipatory bail be dismissed as not pressed with liberty to file regular bail before court below.
In view of above, present application for anticipatory bail is dismissed as not pressed with liberty to the applicant to appear before court below and file an appropriate application for bail before court below and the same shall be decided in the light of decisions rendered in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No. 5191 of 2021 decided on 07.10.2021 .
Order Date :- 6.5.2022
Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.05.08 14:53:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the anticipatory bail application should be dismissed due to lack of liberty to approach the lower court for regular bail.
Whether the accused deserves relief after avoiding court proceedings for two years.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherRelied on¶13
Satendra Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Arun Dubey
State of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
