Pramod Kumar v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9773 of 2023 Applicant :- Pramod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Hon'ble Nalin Kumar Srivastava,J.

¶1Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Pramod Kumar in Case Crime No.180 of 2022, under Section 135 Electricity Act, Police Station - Anti Power Theft, District - Bareilly.

¶2No one is present on behalf of applicant as well as informant. Learned A.G.A. for the State is present. 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. opposed the anticipatory bail and 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 :- 6.12.2023 SFH High Court of Judicature at Allahabad