Dismissed

Praveen Kumar and Another v. State of U.P. and Another

Allahabad HC3 Apr 2023ABAIL/2513/2023

Case brief

AI extract

What is this about?

An anticipatory bail petition was dismissed for Praveen Kumar and Amboliya Devi in connection with offences under IPC Sections 323, 324, 504, and 506. The court held that no reasonable apprehension of arrest existed given Section 41-A Cr.P.C. guidelines and the absence of a charge-sheet, thus no indulgence was warranted.

What did the court decide?

The prayer for anticipatory bail was refused and the application was disposed of.

Praveen Kumar and Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2513 of 2023

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Applicant :- Praveen Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjay Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicants as well as the learned AGA and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Praveen Kumar and Amboliya Devi in Case Crime No. 229 of 2022 under Sections 323, 324, 504, 506 I.P.C., Police Station - Mau, District- Chitrakoot.

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It is submitted by the learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that investigation is going-on and till date no charge-sheet has been submitted. Applicants' case is squarely covered under Section 438 Cr.P.C. It is further submitted that if the applicants are enlarged on bail, they will not misuse the liberty. The applicants have apprehension of their arrest any time.

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Learned A.G.A. opposed the prayer.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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In this matter, as is evident from the record, offences levelled against the applicants are of Sections 323, 324, 504, 506 IPC, which are punishable with the imprisonment upto seven years. Specific provisions under Section 41-A Cr.PC have been provided giving protection to the accused person from arrest for the offences 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

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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 cognizanble offence by the police to get protection of anticipatory bail.

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In the light of aforesaid provisions, the applicants have no reason to believe that they may be arrested. Hence, having regard to the entire facts and circumstances of the case, no indulgence is warranted in the matter. Prayer made in the application is refused.

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The application stands disposed of accordingly. Order Date :- 3.4.2023 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Praveen Kumar and Another v. State of U.P. and Another

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Praveen Kumar and Another v. State of U.P. and Another

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