Dismissed

Suresh Kumar Dwivedi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC10 Sept 2024/2086/2024

Case brief

AI extract

What is this about?

The court rejected an anticipatory bail application filed under Section 438 Cr.P.C., reasoning that the offences are punishable up to seven years negating apprehension of arrest. The applicant was granted liberty to file a regular bail application before the trial court.

What did the court decide?

Application rejected; liberty granted to file regular bail application before trial court within 15 days.

Suresh Kumar Dwivedi Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62575

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2086 of 2024 Applicant :- Suresh Kumar Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Umesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for applicant as well as Shri Anshuman Verma learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to F.I.R. No. 376/2022, under Sections 419/420/506 IPC, P.S. Kotwali Dehat, District Gonda.

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Notices to respondent no. 2 are dispensed in view of the proposed order.

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Learned A.G.A. for the respondent State has raised preliminary objection that the offences are punishable up to seven years, therefore, it cannot be presumed that there is any apprehension of arrest of the applicant. In view of law laid down by Hon'ble Supreme Court in the case of "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021 the applicant can very well appear and surrender before the trial court and shall be enlarged on bail without being taken into custody. The anticipatory bail is not maintainable as there is no apprehension of arrest.

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In view of submissions made by the learned A.G.A. so also considering the law laid down in the case of Satender Kumar Antil, I am not inclined to entertain the anticipatory bail application, hence, the application is rejected. However, liberty is granted to the applicant to file a regular bail application

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before the learned trial court, which, if filed within a period of 15 days, shall be considered and decided strictly in view of the law laid down by Supreme Court in Satender Kumar Antil (supra).

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Order Date :- 10.9.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Suresh Kumar Dwivedi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Suresh Kumar Dwivedi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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