Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17683 of 2021 Applicant :- Bhagwan Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Azhar Hussain,Byas Kumar Prasad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This anticipatory bail application has been filed by the applicant Bhagwan Singh seeking bail in criminal case no. 124 of 2015, case crime no. 634 of 2014, under sections 323, 452, 406, 506 I.P.C. police station Atmadaula District Agra with prayer that in the event of arrest, the applicant may be released on bail.
It is contended by the learned counsel for the applicant that there is general allegation against the applicant. There is no evidence that the husband of the complainant had paid Rs. 70,000/- to the applicant. There is also allegation of assaulting upon the family members of the complainant as well as the allegation of giving threat to the life of the complainant by the applicant.
Learned A.G.A. has opposed the prayer for bail.
From perusal of the first information report it is revealed that husband of the complainant was compelled to become a witness in a sale deed. Moreover, Rs. 70,000/- are said to have taken loan by the applicant from the husband of the complainant. When the money was demanded, the applicant committed marpit with the complainant and family members.
Nothing has been indicated in the application which would indicate the stage of the investigation.
I have gone through the materials available on record which, prima facie, discloses commission of cognizable offence and as such, I am not inclined to interfere in matter.
The fact of the matter is that till date arrest has not been effectuated and the applicant is under an apprehension that he would be arrested in breach of the provisions as contained in Section 41 (1) (b) read with Section 41-A of the Cr.P.C. Once the statute prescribes procedure it is always expected of the executing authority that they would adhere to the same.
In case of any violation of the statutory procedure, complaint can also be made to the Magistrate concerned who may remedy the situation.
In view of the above, it is hereby directed that in the event arrest of applicant is to be effectuated and the offence, in which he is wanted, would not entail sentence of more than 7 years then the concerned police personnel shall deal with the matter strictly in compliance of the provisions as contained in Section 41 (1) (b) read with Section 41-A of the Cr.P.C.
It is further provided that if the investigation in the matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the benefit of this order would not be extended and the concerned court shall deal with the matter in accordance with law.
Subject to the above, the anticipatory bail application is disposed of.
Order Date :- 16.12.2021 Gss