Dismissed

Chandra Bhan Singh v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC19 Jul 2024/726/2023

Case brief

AI extract

What is this about?

Single judge dismissed an anticipatory bail application filed under Section 438 CrPC by an accused absconder since 2009. The court held no case for bail was made out due to non-appearance for 15 years and absence of apprehension plea.

What did the court decide?

Anticipatory bail application rejected; applicant cannot avail protection against arrest in the present case.

Chandra Bhan Singh Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49038

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 726 of 2023 Applicant :- Chandra Bhan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another

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Counsel for Applicant :- Diwakar Prasad Sharma,Ajay Kumar Mishra,Pawan Kumar Singh,Vikas Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record.

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The present anticipatory bail application has been filed seeking protection in regard to Case Crime No.508 of 2008, under Sections 384, 504 and 507 IPC, P.S. Gomti Nagar Police Commissionerate Lucknow, District-Lucknow.

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At the outset, learned A.G.A. has opposed the anticipatory bail application and has submitted that anticipatory bail application cannot be entertained in view of the fact that applicant is absconder. Earlier, the applicant has filed Writ Petition No.5691 M/B of 2008 (Chandra Bhan Singh vs. State of U.P. and others) before the Division Bench of this Court whereby the arrest of the petitioner was stayed pursuant to the said F.I.R. till filing of the charge-sheet, case has already been filed in the year 2009 and cognizance has been taken on 07.03.2009 however, the applicant has not appeared before the trial court. He submits that trial is pending due to non-appearance of accusedapplicant.

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Perused the record.

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Perusal of the record shows that submission of learned A.G.A. has force. Applicant is absconding since 17.03.2009, the date when the charge-sheet was filed and the cognizance has been taken by the learned magistrate. Thus, for a period of almost fifteen years he is an absconder. Moreover, in the entire anticipatory bail, there is no pleading in regard to apprehension of his arrest, in such circumstances, no case for anticipatory bail is made out.

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Accordingly, the anticipatory bail application is rejected .

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Order Date :- 19.7.2024/Saurabh Yadav

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

Chandra Bhan Singh v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

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Chandra Bhan Singh v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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