Dismissed

Prabhat Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. and Another

Allahabad HC29 Nov 2024/2622/2024

Case brief

AI extract

What is this about?

The High Court rejected an anticipatory bail application filed by Prabhat Kumar, who alleged false implication in a criminal case. Noting a prior order directing surrender and regular bail, the court held the applicant should surrender and file regular bail, noting sufficient prosecution evidence including statement of the prosecutrix under Section 161/164 Cr.P.C. to reject the bail application.

What did the court decide?

Anticipatory bail application rejected; liberty granted to surrender and file regular bail application within two weeks before the trial court.

Prabhat Kumar Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79277

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Court No. - 11

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2622 of 2024

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Applicant :- Prabhat Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. And Another Counsel for Applicant :- Anand Dubey,Prateek Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Anand Dubey, learned counsel for the applicant, Sri Arun Kumar Verma, learned Additional Government Advocate for the State and Sri Rajesh Kumar Singh, who has filed 'Vakalatnama' on behalf of opposite party no. 2, the same is taken on record.

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By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No. 136 of 2022 u/s 376D, 354, 323 IPC, P.S. Kotwali Tanda, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged in the F.I.R.

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As a matter of fact the impugned F.I.R. which was alleged after two months is a counter-blast on F.I.R. being lodged by the applicant on 19.3.2022 bearing F.I.R. No. 0083 of 2022 u/s 326, 323, 504, 506 IPC, P.S. Tanda, District Ambedkar Nagar. Sri Dubey has further submitted that in the present case after investigation the final report was filed but the Circle Officer directed for further investigation. Pursuant to the further investigation the final report was filed but against that final report the protest application was filed. Pursuant thereto the direction for further investigation was issued. Pursuant to the further investigation again the final report was filed. On such final report again the protest application was filed and on such protest application the court treated the case as a State Case.

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Learned AGA has drawn attention of this Court towards para 5 of the anticipatory bail rejection order wherein the reference of one petition / application no. 6001 of 2024 in Prabhat Kumar and others vs. State & another has been indicated noticing the fact that this court provided 30 days time to surrender before the learned court below and to file regular bail application. Sri Verma has stated that the copy of the aforesaid order being passed by learned court on 11.7.2024 has not been enclosed with the

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petition but the copy thereof has been shown to the Court. Sri Verma has further submitted that the aforesaid 482 Cr.P.C. Application was filed challenging the order of the revision being passed by the sessions court and that revisional order has not been disclosed and enclosed in this petition. Therefore, Sri Verma has stated that when this court disposed of the aforesaid petition of the present applicant giving him liberty to surrender before the court concerned and to file regular bail application, he must have appeared before the court concerned in compliance of the aforesaid order.

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Replying the aforesaid contention of learned AGA Sri Dubey has stated that even though the present applicant was given liberty to surrender before the court concerned and to file regular bail application, his legal right to file anticipatory bail application may not be barred. Sri Dubey has further submitted that if the present applicant is having his bonafide case and if he is being falsely implicated in the present case he may very well file an application for anticipatory bail.

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On being asked from Sri Dubey as to why the revisional order against which the 482Cr.P.C. Application was field before this Court and the order dated 11.7.2024 passed in earlier 482 Cr.P.C. petition have not been disclosed and enclosed with this petition, he could not justify the reason.

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Having heard learned counsel for the parties having perused the material available on record as well as the statements of various independent witnesses etc. as well as the order dated 11.7.2024 passed by this Court in Application u/s 482 Cr.P.C. No. 6001 of 2024 (Prabhat Kumar and others vs. State & another), I am also of the considered opinion that the present applicant should surrender before the learned court concerned and may file his bail application. All pleas and grounds which have been taken in the anticipatory bail application may be taken before the trial court concerned. When the learned sessions court mentioned the detail of earlier petition in its order, at least the copy of the order should have been enclosed with this petition inasmuch as I find no reason for non-disclosure of the revision being filed before the sessions court and the order being passed by this Court in a petition filed u/s 482 Cr.P.C. application.

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There is no dispute on the point that even if any accused person is directed by the High Court to surrender before the learned trial court to file regular bail application he may very well file an anticipatory bail application but while considering the anticipatory bail application two

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facts would be relevant, (i) apparently the applicant has been falsely implicated in the case and secondly, there is no material or evidence against him to implicate in the case in question.

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In the present case the statement of the prosecutrix u/s 161 and 164 Cr.P.C. is supporting the prosecution story. Besides, some independent witnesses have recorded their statements supporting the prosecution version. Though some villagers have recorded their statements disputing the prosecution case but that evidences / material may be tested and examined during the course of the trial inasmuch as the statement of the prosecutrix recorded u/s 161 and 164 Cr.P.C. may not be disbelieved only for the reason that she lodged the F.I.R. as a counter-blast to implicate the present applicant and others. To me, the subject matter of the trial should not be tested before proceeding the trial.

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Accordingly, this anticipatory bail application is rejected .

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Liberty is given to the applicant to appear / surrender before the learned trial court concerned within two weeks and may file his regular bail application taking all pleas and grounds which are available to him and if such application is filed the same shall be heard and disposed of without giving any unnecessary adjournment to any of the parties.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 29.11.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Prabhat Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. and Another

Case brief

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Prabhat Kumar v. State of U.P. Thru. Prin. Secy. Home U.P. and Another

Case brief

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