Ramesh Kumar Alias Ramesh v. State of U.P. and 2 Others

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11720 of 2023 Applicant :- Ramesh Kumar Alias Ramesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Mr Manoj Pandey, Advocate has filed vakalatnama on behalf of informant today, which is taken on record.

¶2Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

¶3Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0193 of 2023, under Sections 458, 509, 506, 354 IPC, P.S. Hazratnagar Gari, District Sambhal, during the pendency of trial.

¶4As per prosecution version, on 20.08.2023 during night applicant came to the house of the informant by jumping wall and caught hold the wife of the informant and tried to snatch her wife in the room for the purpose of rape and after hearing the noise sons of the informant awakened and seen the incident and the applicant is said to have ran away from the alleged place.

¶5It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the allegations levelled in the FIR are absolutely false, frivolous and bogus. There is no evidence to connect the applicant with the alleged crime. The applicant is under apprehension of imminent arrest. In case the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

¶6On the other hand, Learned AGA appearing for the State submitted that applicant is not cooperating with the trial, therefore, not only non bailable warrant was issued but by now proceedings under Section 82/83 Cr.P.C. have also been initiated against applicant, therefore, no case for anticipatory bail is made out.

¶7Number of arguments were advanced by learned counsel for the applicant to demonstrate the falsity of the accusation against the applicant by the informant. It is further submitted that on the material collected during investigation no offence under Section 458 IPC is made out against the applicant. Further, during argument, learned counsel for the applicant has also submitted that except Section 458 IPC,the maximum punishment for the offences is below seven years and therefore, prays that in case the applicant approaches the court below and applies for bail, the court below be directed to consider the bail application in the light of the judgement passed by Supreme Court in Satender Kumar Antil Vs Central Bureau of Investigation and another,

(2021) 10 SCC 773.

¶8Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused, I do not find it a fit case for grant of anticipatory bail.

¶9Accordingly, this application has no force and is accordingly dismissed. Applicant is directed to surrender before Trial Court and to move an application for bail. In case such an application is filed by applicant, Trial Court is directed to decide the same expeditiously in accordance with law, considering the judgment passed by Supreme Court in Satender Kumar Antil Vs Central Bureau of Investigation and another, (2021) 10 SCC 773. Order Date :- 27.10.2023 RavindraKSingh High Court of Judicature at Allahabad