Gaindan Lal v. State of U.P. and Another

Court No. - 64 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11331 of 2023 Applicant :- Gaindan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant anticipatory bail application has been filed on behalf of the applicant, Gaindan Lal, with a prayer to release him on bail in Case Crime No. 396 of 2020( Case No. 587 of 2021), under Sections-420, 272, 273 I.P.C., 57 and 58 of the Food Safety and Standards Act,2006 Police Station-Bahjoi, District-Sambhal. This is the second anticipatory bail application. The first anticipatory bail application no. 8354 of 2020 was allowed by this Bench directing the applicant to be released on anticipatory bail till the submission police report under section 173(2) Cr.P.C. Learned counsel for the applicant has submitted that charge sheet has been filed against the applicant on 21.12.2020. Thereafter he is cooperating with the trial. Now he has apprehension of his arrest. The applicant has no criminal history to his credit. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. Keeping in view the fact that applicant has not been arrested till today, when the charge sheet has been submitted on 21.12.2020, it does not appears that he has any apprehension of his arrest now.Anticipatory bail cannot be granted on imaginary fear. Accordingly the anticipatory bail application is rejected. Order Date :- 6.11.2023 Atul kr. sri. High Court of Judicature at Allahabad