Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19191 of 2021
Applicant :- Raj Kumar
Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicant in the event of his arrest in Case Crime No. 693 of 2021, under Sections 323, 354 & 506 I.P.C., Police Station Tajganj, District Agra.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The submission is that all alleged offences are punishable with imprisonment of seven years, therefore, the police authorities are bound to follow the procedure laid down under Section 41- A Cr.P.C. The applicant has been wrongly implicated and could not be arrested. Reliance has been placed on the judgment of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147.
I, have gone through the material available on record and I am of the opinion that the guidelines framed by the Apex Court in the above noted judgment are equally applicable to the facts of the instance case.
Accordingly, the present anticipatory bail application also stands disposed of in terms of the judgments noted above.
Order Date :- 23.12.2021 I.A.Siddiqui