- Court
- High Court of Judicature at Allahabad
- Decided
- 11 October 2023
- Case no.
- ABAIL 11276/2023
Judgment
Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11276 of 2023 Applicant :- Chotu Alias Pramod Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravi Kant Shukla,Vikrant Neeraj Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
¶1List has been revised.
¶2Heard Sri Vikrant Neeraj, learned counsel for applicant as well as Sri R.P. Patel, learned A.G.A. for State and also perused the material available on record.
¶3The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 444 of 2021, under Sections 376, 328, 506, 420 I.P.C. and 67 I.T. Act, P.S.- Kotwali Dehat, District-Etah.
¶4As per prosecution story, the applicant is stated to have impersonated himself to be a police official and as such, made an indecent video of the victim viral, as such, the final report has been submitted against him on 7.3.2022.
¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is next stated that the applicant had complied with Section 41-A Cr.P.C. and has not misused it and is ready to cooperate during trial.
¶6Per contra, learned A.G.A. has vehemently opposed the prayer for anticipatory bail on the ground that the applicant is not co-operating in trial and has not come with clean hands, as already the proceedings u/s 82 Cr.P.C. are completed against him on 3.7.2023, as such, he is not entitled for anticipatory bail.
¶7Considering the rival submissions advanced by the learned counsel for the parties, the facts of the case and the judgement passed by the Apex Court in Lavesh vs. State (NCT of Delhi)
(2012) 8 SCC 730, I do not find it a fit case for grant of anticipatory bail to the applicant.
¶8In view of the above, the present anticipatory bail application is found devoid of merits and is, accordingly, rejected. (Justice Krishan Pahal) Order Date :- 12.10.2023 Shalini High Court of Judicature at Allahabad
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