Jagdish Yadav and 4 Others v. State of U.P. and 2 Others

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10354 of 2023 Applicant :- Jagdish Yadav And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vidya Dhar Yadav Counsel for Opposite Party :- G.A.,Raj Kumar Prajapati Hon'ble Nalin Kumar Srivastava,J.

¶1Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Jagdish Yadav, Deena Nath Yadav, Ajay Yadav @ Doctor, Shyamu and Vikas Yadav in Case Crime No.0086 of 2023, under Sections 147, 148, 149, 308, 452, 323, 427, 504, 506 I.P.C., Police Station - Chilh, District - Mirzapur.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.3 and perused the material available on record.

¶3It is submitted by the learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. They have been falsely implicated in this matter. Allegations levelled against the applicants are false. Applicants' case is squarely covered under Section 438 Cr.P.C. It is further submitted that if the applicants are enlarged on bail, they will not misuse the liberty. The applicants have apprehension of their arrest any time.

¶4Learned A.G.A. opposed the anticipatory bail and submitted that notice under Section 41-A Cr.P.C. has been served. It is further submitted that the applicants have no apprehension of arrest, as the offences levelled against them are punishable for a maximum period of seven years of imprisonment.

¶5It is to be taken into account that the offences alleged against the accused applicants are punishable for a maximum period of seven years of imprisonment. Applicants are already protected by virtue of the provision under Section 41-A Cr.P.C. and also under the law laid down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273. The Court also takes into account the submission made by the learned A.G.A. that the accused applicants have no apprehension of arrest in this matter.

¶6With the above observation, the anticipatory bail application stands disposed of accordingly. Order Date :- 31.10.2023 ss High Court of Judicature at Allahabad