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

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12438 of 2023 Applicant :- Manish Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Roy Sharma Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned counsel for the informant as well as the learned AGA and perused the material available on record.

¶2This application has been moved on behalf of the applicants Manish Kumar and Abhishek Kumar seeking anticipatory bail in Case Crime No. 327 of 2023, under Sections 420, 406, 504, 506 IPC, P.S. Mahuwa Khera, District Aligarh.

¶3Learned AGA submitted that the offences levelled against the applicants 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 applicants in this matter by the police, and as such the applicants have no reason to believe that they 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 applicants have no apprehension of arrest and in such type of cases the accused applicants are 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 :- 12.12.2023 safi High Court of Judicature at Allahabad