The Allahabad High Court rejected a criminal miscellaneous anticipatory bail application filed under Section 482 BNSS. The court held there was no ground to grant bail given the heinous nature of the offence and the facts surrounding the FIR and recovery evidence.
Anticipatory bail application rejected.
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Neutral Citation No. - 2024:AHC:194203
Court No. - 69
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9922 of 2024
Applicant :- Ashu @ Ashutosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Shri Mukesh Joshi learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A., on behalf of the State respondents.
This Anticipatory Bail Application under Section 482 of Bhartiya Nagrik Suraksah Sanhita, 2023, has been moved on behalf of accused-applicant, Ashu @ Ashutosh, seeking Anticipatory Bail in Case Crime No. 390 of 2024, under Sections 85, 80, 238 B.N.S. and 3/4 of Dowry Prohibition Act, Police Station-Katghar, DistrictMoradabad, during the pendency of trial.
Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number. According to the First Information Report the incident was took place on 05.07.2024 and the First Information Report has been lodged on 25.07.2024, after a delay of 20 days without any plausible explanation for the delay. First Information Report has been lodged with general allegations against all the family members of the applicant and no specific role has been assigned to the applicant. In the alleged confessional statement of Heera, husband of the deceased, neither he has taken name of the applicant nor has assigned any role to the applicant. The applicant has no criminal history and has been unnecessarily roped in. There is reasonable apprehension and reason to believe that he shall be arrested in Case Crime No. 390 of 2024, under Sections 85, 80, 238 B.N.S. and 3/4 of Dowry Prohibition Act, Police StationKatghar, District-Moradabad. Hence Anticipatory Bail has been prayed for.
Learned A.G.A. has vehemently opposed the Anticipatory Bail Application by submitting that the applicant is brother in law of the deceased. The applicant is named in the First Information
Report. The Informant in the First Information Report, itself has specifically taken the name of the applicant for demanding the Swift Dzire Car. He further submits that on the pointing out of the applicant broken bangles, Half Pant and Sooty has been recovered. There is C.C.T.V. footage in which two persons were seen to carry one bag on the Scooty. Offence as alleged is heinous in nature, hence, the Anticipatory Bail Application filed at the instance of applicant is liable to be rejected.
Considering the aforesaid facts, circumstances, Confessional statement of the husband of the deceased, and heinousness of offence, there appears to be no ground to grant anticipatory bail to the applicant.
Accordingly, this Anticipatory Bail Application stands rejected .
Order Date :- 11.12.2024 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in the NCLT case of cheque dishonour under Sections 85, 80, 238 BNS and 3/4 of the Dowry Prohibition Act.
Whether the first information report delay, lack of specific role assignment, and absence of applicant's name in the confessional statement justify granting anticipatory bail.
1 provisions across 1 enactments
Ashu @ Ashutosh
State of U.P.
Another
Ashutosh Srivastava
Deepak Kumar Kushwaha
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
