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

Court No. - 64 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13314 of 2023 Applicant :- Kamlesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned AGA for the State. The instant anticipatory bail application has been filed on behalf of the applicant, Kamlesh Kumar, with a prayer to release him on bail in FIR No. 0498 of 2022, under Sections-307, 354, 323, 354(Kha), 325 IPC and 7/8 POCSO Act, Police Station-Kotwali, District-Pilibhit. Learned counsel for the applicant submits that he has been falsely implicated regarding the alleged offences. Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted. After hearing rival contentions, this Court finds that it is not a fit case for granting anticipatory bail. This application is, accordingly, rejected. However, on the request of learned counsel for the applicant, it is directed that in case applicant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgement and order of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated

11.7.2022. For a period of 60 days, the applicant shall not be arrested in the aforesaid case, if not already arrested. However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him. It is made clear that the applicant will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 11.12.2023 Ruchi Agrahari High Court of Judicature at Allahabad