Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18715 of 2021 Applicant :- Mohammad Hashim Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Murali Manohar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant-Mohammad Hashim Khan, in Case Crime No. 174 of 2016, under SEctions-419, 420, 467, 468, 471, 323, 504, 506 I.P.C. Police Station-Adampur, District- Varanasi.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number; general allegations have been levelled against him; this is a false implication and police is adamant to arrest the applicant; hence anticipatory bail application was moved before court concerned, but it was rejected, summarily, hence this application for anticipatory bail with above prayer.
Learned AGA has vehemently opposed with this contention that in this very case crime number investigation has resulted submission of police report under Section 173 (2), Cr.P.C. wherein, cognizance has been taken; non bailable warrant has been issued by the Court concerned, hence there is no apprehension of arrest by police, except in process issued by the Court for appearance of the applicants before it.
Having heard and gone through material placed on record, it is apparent that there is no apprehension of arrest by police except, in execution of process issued by the Court and the applicant is to appear before the Court in compliance of process issued by the Court.
Considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Prem Shankar Prasad vs. State of Bihar and another, reported in LL2021 SC 579 and in Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, no indulgence for grant of anticipatory bail is made out.
However, in case, applicant approaches before the trial court with bail application, same shall be considered and decided in Strict adherence of provision of Section 41 Cr.P.C. as well as law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid observations, this anticipatory bail application is disposed of.
Order Date :- 21.12.2021 Deepak/