The Court rejected an anticipatory bail application filed by Atul Kumar Jain in an alleged cheating case under Sections 420 and 406 IPC. Relying on Arnesh Kumar and Section 41-A CrPC, the Court held that the applicant had no reasonable apprehension of arrest for an offence punishable up to seven years.
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.
Neutral Citation No. - 2023:AHC:230847
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12021 of 2023
Applicant :- Atul Kumar Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
punishable upto seven years' imprisonment and in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, the Hon'ble Apex Court has also emphasized upon the power of police to arrest without warrant and it has been clarified that a balance between individual liberty and societal order should be made while exercising power of arrest. It has also been directed that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, the police officer shall not arrest the accused unnecessarily and Magistrate shall not authorize detention casually and mechanically. Even in Section 438 CrPC it has been promulgated that accused must have reason to believe that he may be arrested in cognizable offence by the police to get protection of anticipatory bail. Investigation in the matter is going on.
(Justice Krishan Pahal)
Order Date :- 6.12.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant who fears arrest under Sections 420 and 406 IPC.
Whether the applicant has a reasonable apprehension of arrest justifying protection under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar and anotherExplained¶11
(2014) 8 SCC 273 · Who else cites this
3 provisions across 2 enactments
Atul Kumar Jain
State of U.P. and Another
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
