Court rejected the anticipatory bail application of Harveer Singh in a case involving house trespass and molestation after the charge sheet was submitted, noting no grounds for bail.
Anticipatory bail application rejected; applicant permitted to seek regular bail which will be expedited.
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Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11454 of 2022 Applicant :- Harveer Singh (Minor) Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Facts in brief are that applicant is said to have made house trespass and molested the informant who was alone at her home and he was seen by the villagers, those were assembled there after hue and cry.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case on account of dispute relating to the drainage. Further submitted that applicant has committed no offence and there is no evidence on record to show that this applicant molested the informant/victim. F.I.R. was lodged after delay without any explanation. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
On the other hand, learned AGA opposed the prayer of anticipatory bail and urged that in this case, applicant is said to have molested the informant when she was alone in her house and now after conclusion of investigation charge sheet has been submitted against him.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and perusal of record, it appears that there is allegation of house trespass and molestation with the victim by the applicant and after conclusion of investigation charge sheet has been submitted against him, therefore, there appears no ground to grant the anticipatory bail application. The anticipatory bail application of applicant Harveer Singh involved in Case Crime No. 478 of 2022, under Sections 452, 354-B, 506 IPC, P.S. Aonla, District Bareilly is hereby rejected .
However, it is directed that in case, the applicant appears and moves bail application before the court concerned, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.
Order Date :- 24.1.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. given the submission of a charge sheet.
Whether the applicant faces an apprehension of imminent arrest justifying anticipatory bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550
1 provisions across 1 enactments
Harveer Singh
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
