Udaypal Singh v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10243 of 2023 Applicant :- Udaypal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

¶2This application has been moved on behalf of the applicant Udaypal Singh seeking anticipatory bail in Case Crime No. 128 of 2023 under Section 420 IPC, Police Station-Banna Devi, District-Aligarh.

¶3Learned AGA submitted that he has no instructions in the matter but the offences levelled against the applicant is of Section 420 I.P.C., which is punishable with the imprisonment upto seven years and as such the applicant has no reason to believe that he has been arrested by the police.

¶4In view of the above, since the accused applicant has no apprehension of arrest and also keeping in view the fact that the in such type of cases, the accused applicants are already protected from arrest by virtue of specific provision of Section 41-A Cr.P.C. and also in view of the judgement of the Apex Court passed in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, there is no need to proceed further in the matter.

¶5Accordingly, this application is disposed of. Order Date :- 30.10.2023 Fhd High Court of Judicature at Allahabad