Rajababu v. State of U.P.and Another
Case brief
What is this about?
The High Court rejected an anticipatory bail application filed by Rajababu in a theft case. The Court held that since the applicant was declared a proclaimed offender under Sections 82 and 83 Cr.P.C., had failed to cooperate with the investigation, and was absconding, the application was not maintainable and inconsistent with Supreme Court precedents.
What did the court decide?
The anticipatory bail application is rejected.
What the court decided
Neutral Citation No. - 2023:AHC:210329
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11713 of 2023
Applicant :- Rajababu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Rajababu in Case Crime No. 76 of 2020, under Sections 380, 457 IPC, Police Station - Kotwali Hata, District - Kushinagar.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
- It is alleged that on 2.3.2020 the informant had gone to attend the marriage ceremony in his in-laws house and when he returned back on 3.3.2020, he found the lock of his door broken and households articles were scattered there and a theft was committed by unknown persons. F.I.R. was lodged and investigation started which culminated into charge sheet.
- It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further submitted that the applicant has been falsely implicated in this case. He is not named in the F.I.R.. Nothing has been recovered from his possession or from the place under his control. It is further submitted that the applicant has apprehension of his arrest by the police any time. Investigation of the case has been completed and charge sheet has been submitted against the applicant. If the applicant is enlarged on bail, he will not misuse the liberty.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted to an applicant who is a proclaimed offender under Section 82 Cr.P.C. and refused to cooperate with the investigation.
Whether the grant of anticipatory bail is maintainable when the applicant has been declared a proclaimed offender by the Court.
How the Supreme Court's recent pronouncements affect the maintainability of anticipatory bail applications filed by proclaimed offenders.
Parties & counsel
- applicant
Rajababu
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11713/2023
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