Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17814 of 2021 Applicant :- Rakesh Anand Opposite Party :- State of U.P.
Counsel for Applicant :- Varun Singh,Kartikeya Saran Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 95 of 2021, under Section 406 I.P.C, Police Station Hathras Gate, district Hathras.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case by police. Offences are not made out against the applicant. Applicant has no criminal history. Offences are punishable with imprisonment which may extend to 7 years. The applicant is under apprehension of imminent arrest. In such circumstances, the applicant be granted anticipatory bail.
On the other hand, learned AGA opposed the prayer of anticipatory bail and urged that under Section 41-A of Cr.P.C., protection has already been provided to the applicant, therefore, the anticipatory bail is not required.
In this matter, aforesaid offence is punishable with imprisonment upto a term of seven years. As per provisions of Section 41-A Cr.P.C. applicant cannot be arrested without notice until and unless any exceptional circumstance occurs. Thus, considering the nature and gravity of the offences and protection already provided in the Cr.P.C. regarding the offences levelled in the matter, there is no need to grant anticipatory bail to the applicant or to give him interim protection.
Thus, application stands disposed of with the aforesaid observation.
Order Date :- 23.12.2021 A. Singh