The Allahabad High Court (Lucknow Bench) rejected an anticipatory bail application under Section 438 Cr.P.C. because a proclamation was issued and the applicant was found to be absconding, citing Srikant Upadhyay versus State of Bihar.
No anticipatory bail granted; application rejected.
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Neutral Citation No. - 2024:AHC-LKO:61633
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1938 of 2024
Applicant :- Syed Mehdi Hasan Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Shamshad Ahmad,Faraz Ahmad,Mohammad Shahzad Ahmad,Mohammad Suhail Khan,Taiba Fatima Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.119 of 2022 under sections 406, 420, 467, 468, 471, 120-B I.P.C., P.S. Wazirganj, Commissionarate Lucknow.
2. Heard learned counsel for the applicant and Mr. Rao Narendra Singh, learned Additional Government Advocate for the State.
3. Learned A.G.A. submits that proclamation under sections 82/83 CrPC has been issued against the accused applicant on 30.7.2024. The applicant is absconding. He is not cooperating in the investigation.
4. On due consideration to the submission advanced, the fact that proclamation under sections 82/83 CrPC has been issued and the applicant is absconding, no case for anticipatory bail is made out in view of judgment in Srikant Upadhyay versus State of Bihar 2024 SCC OnLine SC 282.
5. The application is accordingly rejected.
Order Date :- 6.9.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail should be granted to an applicant who has been issued a proclamation and is absconding.
Colour shows how this judgement treated each authority
Srikant Upadhyay versus State of BiharExplained¶9
2024 SCC OnLine SC 282 · Who else cites this
2 provisions across 1 enactments
Syed Mehdi Hasan
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
