The High Court dismissed an anticipatory bail application under Section 438 Cr.P.C. held that no material on record demonstrated the applicant's apprehension of arrest, warranting dismissal with liberty to file a regular bail application.
Application dismissed with liberty to file a regular bail application.
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Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2758 of 2022
Applicant :- Sultan And 11 Others Opposite Party :- State of U.P. Counsel for Applicant :- Namman Raj Vanshi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. No one has appeared on behalf of the applicant to press this application.
Mr. K.P. Pathak, learned AGA for the State is present.
The present application has been moved seeking anticipatory bail in Case Crime No. 311 of 2017, under Sections 147, 149, 307, 336, 427, 188, 504 IPC, P.S. Bhawanpur, DistrictMeerut , with the prayer that in the event of arrest, applicant may be released on bail.
Perusal of the order sheet goes to show that the matter has been adjourned for one or the other reason since 11.04.2022.
In order to make disposal of this application, it is relevant to mention Section 438 Cr.P.C., which is reproduced herein below:-
" 438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly,
make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1)."
After the close scrutiny of Section 438 Cr.P.C.(U.P. Act No.4 of 2019) and its relevant clauses as well as the entire records, the Court finds that there is nothing on record to show apprehension of arrest of the applicant.
In view of the above, this anticipatory bail application is, accordingly, dismissed with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825.
Order Date :- 10.1.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted when there is no apprehension of arrest on record?
What is the status of the application after the applicant failed to appear to press the matter?
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶20
Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 · Who else cites this
1 provisions across 1 enactments
Sultan And 11 Others
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
