The court rejected an anticipatory bail application filed by the applicants in a criminal case involving sections 323, 325, 504, 506, 308 IPC. The rejection was based on the absence of arrest apprehension post-charge sheet and the applicant's avoidance of court process.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12376 of 2022
Applicant :- Chandan Tiwari @ Jitendra Kumar Tiwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.263 of 2021, under sections 323, 325, 504, 506, 308 I.P.C., Police Station Cholapur, District Varanasi, during the pendency of trial.
Facts in brief are that on 16.06.2021 the applicants alongwith other co-accused persons caused injuries to Vikash Singh and Saurabh Singh in order to extort money from them regarding which an F.I.R. was lodged u/s 386, 394, 511 I.P.C. After investigation the case u/s 386 and 394 I.P.C. was not found to be made out. After conclusion of investigation charge sheet was submitted u/s 323, 325, 504, 506, 308 I.P.C.
It is submitted by learned counsel for the applicants that in this case there was dispute between the informant and the applicants in which simple injuries were caused to the injured persons and there was no any robbery or extortion committed by the applicants with the informant/injured persons. It is also submitted that after conclusion of investigation charge sheet has been submitted before the learned court concerned, therefore, apprehension of arrest has arisen in pursuance of the process of the learned court concerned. Lastly, it is submitted that in case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the trial.
Learned A.G.A. has opposed the prayer for anticipatory bail and urged that the offences said to have been committed by these applicants are punishable with sentence of less than 7 years, therefore, there is no apprehension of arrest of the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of record, it appears that in this
case investigation has been completed and charge sheet has been submitted before the learned court concerned, therefore, there is no apprehension of arrest by the police against the applicants but he is avoiding the process of the court. In such a situation, there is no relevance of anticipatory bail in favour of these applicants. Hence, the anticipatory bail application is, hereby, rejected.
However, if applicants appear and move bail application before the learned court concerned, the same shall be decided as expeditiously as possible in the light of law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550 .
Order Date :- 11.1.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail is appropriate when charge sheet is submitted and police has no apprehension of arrest but applicant is avoiding court process.
Whether the applicants are justified in seeking anticipatory bail given the nature of the proceedings and their conduct.
Whether the Applicants should be granted anticipatory bail in the pending criminal case.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶12
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550
1 provisions across 1 enactments
Chandan Tiwari @ Jitendra Kumar Tiwari And Another
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
