Somwati v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11507 of 2023 Applicant :- Somwati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Wahid Jamal,Pushpendra Singh Counsel for Opposite Party :- G.A.,Sanjay Pathak Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2This application has been moved on behalf of the applicant - Somwati seeking anticipatory bail in Case Crime No. 344 of 2023, under Sections 420, 406, 323, 504, 506, 343 IPC, Police Station-Khair, District-Aligarh.

3.Learned AGA submitted that the offences levelled against the applicant are punishable with the imprisonment for a maximum period upto 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 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 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.

¶5Accordingly, this application is disposed of. Order Date :- 29.11.2023 Fhd High Court of Judicature at Allahabad