Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18784 of 2021 Applicant :- Sabida Khatoon And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Manindra Mohan Pandey 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 applicants- Sabida Khatoon, Sajjak Hussain, Mehfooj Alam, in Case Crime No. 366 of 2021, under Sections 323, 504, 506, 308 I.P.C., Police Station- Ghanghata, District-Kant Kabir Nagar.
Learned AGA has raised preliminary objection that in this very case crime number, there is no apprehension of arrest by the police because offences punishable are maximum upto seven years and in view of Section 41-A of Cr.P.C., applicants have been enlarged on personal bonds by the Investigating Officer; now the charge-sheet has already been submitted and there is no apprehension of arrest because bonds are already there; applicants are to appear before the court concerned for execution of process issued by the court and apprehension of arrest is not there.
Learned counsel for the applicant admitted this fact that applicants have been enlarged on bonds under Section 41-A Cr.P.C. by the I.O..
Having heard and gone through material placed on record, it is apparent that offences are maximum punishable upto seven years and in view of Section 41-A Cr.P.C., applicants are on bonds accepted by the I.O.; charge-sheet has already been filed, process of appearance has been issued, applicants are to appear before the above court, no apprehension of arrest is there, hence no ground for anticipatory bail is there.
However, in case of appearance and moving of regular bail, same is to be decided in view of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as 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 :- 23.12.2021 Dhirendra/