Sanjay Sonkar and Another v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10209 of 2023 Applicant :- Sanjay Sonkar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Compliance affidavit filed on behalf of the State is taken on record.

¶2Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Sanjay Sonkar and Ram Bahadur Sonkar in Case Crime No.192 of 2023, under Sections 323, 504, 506, 452, 308 I.P.C., Police Station - Sarai Inayat, District - Prayagraj.

¶3Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

¶4It 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.

¶5Learned 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 offence levelled against him is punishable for a maximum period of seven years of imprisonment.

¶6It 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.

¶7With the above observation, the anticipatory bail application stands disposed of accordingly. Order Date :- 3.11.2023 ss High Court of Judicature at Allahabad