Allowed applicant to dispose anticipatory bail application citing Section 41-A Cr.P.C. protection and Arnesh Kumar judgment, noting no apprehension of arrest.
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Neutral Citation No. - 2023:AHC:183811
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9663 of 2023
Applicant :- Chandra Bhooshan Singh @ Prabhuji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemendra Pratap Singh,Ashok Kumar Singh
Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh
Hon'ble Nalin Kumar Srivastava,J.
Learned AGA submitted the offences levelled against the applicant are punishable with the imprisonment for a maximum period upto seven years and a notice under Section 41-A Cr.P.C. has been given to the accused applicant in this matter by the police, as such the applicant has no reason to believe that he has been arrested by the police.
In view of the above, since the accused applicant has no apprehension of arrest and also keeping in view the fact that the in such type of cases, the accused applicant is already protected from arrest by virtue of specific provision of Section 41-A Cr.P.C. and also in view of the judgement of the Apex Court passed in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 , there is no need to proceed further in the matter.
Accordingly, this application is disposed of.
Order Date :- 22.9.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. warrants grant when notice under Section 41-A Cr.P.C. has been issued without apprehension of arrest.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of Bihar and anotherExplained¶7
(2014) 8 SCC 273 · Who else cites this
2 provisions across 1 enactments
Chandra Bhooshan Singh @ Prabhuji
State of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
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