Dismissed

Kallu Singh v. State of U.P.and Another

Allahabad HC4 Jan 2023ABAIL/6343/2022

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the anticipatory bail application filed under Section 438 Cr.P.C. as the applicant did not appear to argue the matter and there was no material on record to show apprehension of arrest. The applicant was granted liberty to file a regular bail application.

What did the court decide?

Application dismissed with liberty to file a regular bail application.

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

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6343 of 2022

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Applicant :- Kallu Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised. No one has appeared on behalf of the applicant to press this application. Mr. Rakesh Soni, learned A.G.A. for the State is present.

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The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime No.96 of 2022, under Section 420, 467, 468, 471 I.P.C., Police Station-Dhampur, District-Bijnor.

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Perusal of the order sheet goes to show that from 22.08.2022, no one has appeared to argue the matter.

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In order to make disposal of this application, it is relevant to mention Section 438 Cr.P.C., which is reproduced herein below:-

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"438. Direction for grant of bail to person apprehending arrest.

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(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.

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(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-

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(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

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(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;

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(iii) a condition that the person shall not leave India without the previous

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permission of the Court;

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(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

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(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)."

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After the close scrutiny of Section 438 Cr.P.C.(U.P. Act No.4 of 2019) and its relevant clauses, the Court finds that there is nothing on record to show apprehension of arrest of the applicant.

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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.

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Order Date :- 4.1.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Kallu Singh v. State of U.P.and Another

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Kallu Singh v. State of U.P.and Another

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