The Allahabad High Court dismissed an anticipatory bail application filed under Section 438 Cr.P.C. The court held that since the applicant was not cooperating in the investment, no prima facie case was made out for granting bail despite the pending investigation.
Application for anticipatory bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:85051
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 115 of 2022
Applicant :- Sanjeev Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Ors. Counsel for Applicant :- Jay Prakash Singh 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.931 of 2021 under sections 409, 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali City, district Pratapgarh.
2. Case called out. None appears for the applicant. Heard learned Additional Government Advocate for the State.
3. Present anticipatory bail application is pending since 2022.
4. Learned Addl. Government Advocate on the basis of written instructions submits that the applicant is not cooperating in the investigation. Although, the investigating officer has trapped the applicant on his mobile, however, he is not at all cooperating in the investigation. According to his instructions, the investigation is pending and due to non-cooperation of the accused applicant, charge sheet could not be filed.
5. Considering submission made by learned A.G.A. and perusal of the record, it is evident that the accused applicant is not cooperating in the investigation and as such no case for anticipatory bail is made out.
6. The application is dismissed.
Order Date :- 18.12.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail can be granted when the applicant is not cooperating in the investigation.
Whether the prima facie case established during investigation requires the filing of a charge sheet before granting anticipatory bail.
2 provisions across 2 enactments
Sanjeev Kumar
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
