Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39512 of 2019 Applicant :- Prabhjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Mehra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Sri Lal Chandra Mishra, Advocate has filed his appearance on behalf of complainant. The same is taken on record.
Heard learned counsel for the applicant, Sri Yogeshwar Rai, learned A. G.
A. for the State and Sri Lal Chandra Mishra, learned counsel for the complainant.
The present anticipatory bail application has been filed by the applicant in Case No.15802 of 2018 arising out of case crime no.412 of 2017 u/s 420, 406 IPC PS Indrapuram District Ghaziabad pending in the court of CJM Ghaziabad.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Learned AGA as well as learned counsel for the complainant have opposed the prayer for anticipatory bail.
Sri Lal Chandra Mishra, learned counsel for the complainant has taken a preliminary objection that this anticipatory bail is not maintainable in view of the fact that in the present case proceedings under Section 82 CrPC have also been initiated against the applicant and the applicant is absconding. In support of his contention, learned counsel for the complainant has placed reliance upon the judgment passed by Apex Court in Lavesh vs State (NCT of Delhi), 2012 (8) SCC 730 wherein the Apex Court has held herein as under:-
"9) By placing the relevant materials and two status reports submitted by the police, Mr. Sidharth Luthra, learned ASG submitted that the appellant was a Proclaimed Offender. To this effect, Mr. V. Ranganathan, Additional Commissioner of Police, West District, New Delhi, in his counter affidavit, filed in this Court on 25.06.2012, has stated that, “Efforts were made to arrest the petitioner but he absconded as such he was got declared a Proclaimed Offender. The case is pending trial.” The same has been reiterated in the status report filed by Mr. Virender Dalal, Station House Officer, P.S. Punjabi Bagh, New Delhi, before the High Court.
10) From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and declared as absconder. Normally, when the accused is absconding and declared as a proclaimed offender, there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail."
In view of the said consistent legal position, no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected. However, the applicant is at liberty to seek regular bail.
Order Date :- 26.9.2019 SP