Vikas Tyagi @ Bittu Tyagi v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9794 of 2023 Applicant :- Vikas Tyagi @ Bittu Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar 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 Vikas Tyagi @ Bittu Tyagi seeking anticipatory bail in Case Crime No.229 of 2023, under Sections 323, 147, 148, 324, 308, 120-B, 506 IPC, P.S. Hapur Dehat, District Hapur.

¶3Learned AGA submitted that the offences levelled against the applicant are punishable with the imprisonment for a maximum period of seven years. It is further submitted that a notice under Section 41-A Cr.P.C. has been given to the accused applicant in this matter by the police, and as such the applicant has no reason to believe that he will be arrested by the police.

¶4In view of the above, since the alleged offences are punishable with the imprisonment for a maximum period of seven years, the accused applicant has no apprehension of arrest and in such type of cases the accused applicant is 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 and also in Criminal Appeal No. 2207 of 2023 (Md. Asfak Alam Vs. State of Jharkhand & Anr) 2023 INSC 660 delivered on 31.7.2023. Hence, there is no need to proceed further in the matter.

¶5The application is disposed of accordingly. Order Date :- 8.11.2023 Shivangi High Court of Judicature at Allahabad