Court dismissed the anticipatory bail application due to lack of apprehension of arrest on record. The case was listed revised, but no applicant's counsel appeared to press the application despite the State's presence. Regular bail is permitted as next step.
Application dismissed with liberty to file regular bail application.
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Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11158 of 2022
Applicant :- Rajesh Kumar And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. No one has appeared on behalf of the applicant to press this application.
Mr. Amit Singh Chauhan, learned AGA for the State is present.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with S.S.T. No.10 of 2016, under Sections 323, 325, 394, 395, 504, 506 I.P.C., Police Station-Rasoolabad, District-Kanpur Dehat.
Perusal of the order sheet goes to show that from 23.11.2022, the matter has not been argued by the learned counsel for the applicant till date.
In order to make disposal of this application, it is relevant to mention Section 438 Cr.P.C., which is reproduced herein below:-
" 438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1)."
After the close scrutiny of Section 438 Cr.P.C.(U.P. Act No.4 of 2019) and its relevant clauses as well as the entire records, the Court finds that there is nothing on record to show apprehension of arrest of the applicant.
In view of the above, this anticipatory bail application is, accordingly, dismissed with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825.
Order Date :- 5.1.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the anticipatory bail application under Section 438 Cr.P.C. is maintainable in absence of any material showing apprehension of arrest.
Whether the matter requires adjournment or can be disposed of on merits given the lack of applicant's appearance.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶19
Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 · Who else cites this
3 provisions across 3 enactments
Rajesh Kumar And 2 Others
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
