Anticipatory bail application rejected due to lack of apprehension of arrest under Supreme Court precedent; regular bail application liberty granted.
Liberty to file regular bail application within 15 days for consideration.
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Neutral Citation No. - 2024:AHC-LKO:54042
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1247 of 2024 Applicant :- Durgesh Dixit Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And 2 Others. Counsel for Applicant :- Jyoti Prakash Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the respondent State as well as Shri Niraj Singh, learned Advocate who has filed vakalatnama on behalf of the complainant is take on record.
The present bail application has been filed by the applicant seeking anticipatory bail in FIR/case crime No. 882/2021, under Sections 419/420/406 IPC, P.S. Kotwali, District Unnao.
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.
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 before the learned trial court, which, if filed within a period of 15 days from today, shall be considered and decided strictly in view of the law laid down by Supreme Court in Satender Kumar Antil (supra).
Order Date :- 6.8.2024/R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail is maintainable when the respondent argues there is no apprehension of arrest as the offences are punishable up to seven years?
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherRelied on¶7
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021
2 provisions across 2 enactments
Durgesh Dixit
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
