Dismissed

Isarar @ Isarar Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Feb 2024/371/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench dismissed an anticipatory bail application filed by Isarar @ Isarar Khan. The court held the application not maintainable as the applicant became a proclaimed offender after ignoring coercive process issued under Sections 82 and 83 Cr.P.C. for over 30 days, relying on Supreme Court precedents.

What did the court decide?

Anticipatory bail application dismissed as the applicant has become a proclaimed offender.

Isarar @ Isarar Khan Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16661

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 371 of 2024

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Applicant :- Isarar @ Isarar Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bhairo Nath,Amit Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.L

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Learned AGA informs that that he procured complete case diary and investigation of the case is pending and process under Sections 82 & 83 Cr.P.C. has been issued against the applicant on 13.1.2024.

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The present anticipatory bail application has been moved by the accused/applicant- Isarar @ Isarar Khan in Case Crime No. 568 of 2023, under Sections 457, 380, 411, 413 IPC, Police Station Kotwali Nanpara, District Bahraich, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

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Learned counsel for the applicant submits that it is a case of false implication. The name of the applicant has surfaced in confessional statement of co-accused persons. Criminal history of 9 cases have been explained in paragraph no.10 of the anticipatory bail application and he will appear before the Investigating Officer as and when his presence would be required as he was not aware of the pendency of the instant case, he could not appear before the Investigating Officer, resulting in issuance coercive process.

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Learned AGA on the other hand submits that process under Section 82 & 83 Cr.P.C. has been issued against the applicant on 13.1.2024 and 30 days time has passed, he has become a proclaimed offender and therefore he is not entitled for any protection.

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It appears to be an admitted situation that the process under Sections 82 & 83 Cr.P.C. has been issued against the applicant on 13.1.2024. Thus, 30 days had expired since the issuance of this process.

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Thus, keeping in view the law laid down by the Hon'ble

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Supreme Court in Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, Prem Shankar Prasad vs. State of Bihar , 2021 SCC OnLine SC 955 and State of Haryana Vs. Dharamraj 2023 SCC OnLine SC 1085 the instant anticipatory bail application appears to be is not maintainable and is dismissed as such.

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Order Date :- 23.2.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Isarar @ Isarar Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Isarar @ Isarar Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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