The High Court disposed of an anticipatory bail application filed under section 438 Cr.P.C. for offences of cheating and criminal breach of trust, holding that Section 41A Cr.P.C. protection suffices and directing the applicant to move a bail application in the trial court. Case was not tracked.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13230 of 2022
Applicant :- Ravi Pathak And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. 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.90 of 2022, under sections 406, 420 I.P.C., Police Station Mangalpur, District Kanpur Dehat, during the pendency of trial.
Facts in brief are that the applicants are said to have taken Rs.5 lakh for selling a flat in favour of the informant but later on they sold the flat to some other person.
It is submitted by learned counsel for the applicants that the niece of the informant was married to applicant no.1 regarding which a divorce petition was filed before the learned court concerned. On account of making pressure in that regard this F.I.R. has been lodged with false allegations against applicant and his father who is co-accused. It is further submitted that no any money was given to these applicants by the informant and no any flat was agreed to be sold to the informant but the whole allegation is false and frivolous. It is also submitted that the matter is under investigation, therefore, the applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
Learned A.G.A. has opposed the prayer for anticipatory bail and urged that in this case the offence said to have been committed by the applicants are punishable with imprisonment less than 7 years and protection u/s 41A Cr.P.C. is already available to the applicants.
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 the applicants have been charged u/s 406, 420 I.P.C. which are punishable with sentence less than 7 years regarding which
protection of Section 41A Cr.P.C. is also available to the applicants during investigation. The protection u/s 41A Cr.P.C. available to the applicants will be followed by the police authority during investigation. Further, applicants may appear and move bail application before the learned court concerned which will be heard and disposed of 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 .
Accordingly, this anticipatory bail application is disposed of finally.
Order Date :- 10.1.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether an anticipatory bail application should be granted where Section 41A Cr.P.C. protection is already available for offences punishable with less than seven years' imprisonment.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶11
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550
3 provisions across 2 enactments
Ravi Pathak
Another (unnamed)
State of U.P.
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
