Amit Kumar Singh v. State of U.P

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12086 of 2023 Applicant :- Amit Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sukesh Kumar,Vikas Kumar Counsel for Opposite Party :- G.A.,Vijay Pratap Singh Hon'ble Nalin Kumar Srivastava,J.

¶1Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Amit Kumar Singh in Case Crime No.437 of 2022, under Sections 420, 406, 506 I.P.C., Police Station - Civil Lines, District - Prayagraj.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material available on record.

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

¶4Learned A.G.A. as well as learned counsel for the informant opposed the anticipatory bail. Learned A.G.A. further submitted that notice under Section 41-A Cr.P.C. has been served. It is further submitted that the applicant has no apprehension of arrest, as the offence levelled against him is punishable for a maximum period of seven years of imprisonment.

¶5It is to be taken into account that the offences alleged against the accused applicant are punishable for a maximum period of seven years of imprisonment. Applicant is 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 applicant has no apprehension of arrest in this matter.

¶6With the above observation, the anticipatory bail application stands disposed of accordingly. Order Date :- 1.12.2023 ss High Court of Judicature at Allahabad