Saurabh Bharti Alias Saurabh v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. to the Govt. Deptt. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2282 of 2023 Applicant :- Saurabh Bharti Alias Saurabh Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. To The Govt. Deptt. Home, Lucknow Counsel for Applicant :- Syed Zulfiqar Husain Naqvi,Shishir Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Syed Zulfiqar Husain Naqvi, learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record.

¶2The instant bail application has been filed seeking anticipatory bail in case crime No. 82 of 2023 under Sections 392, 411 I.P.C, registered at Police Station Rahimabad, District Lucknow, U.P.

¶3The aforesaid case has been registered on the basis of a F.I.R. lodged on 28.05.2023, alleging robbery of a mobile phone and Rs. 5,000/- by waylaying the informant and assaulting him.

¶4In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case.

¶5The other two co-accused persons Mohd. Zaid and Shaka @ Priyanshu were arrested. The mobile in question was recovered from Shaka @ Priyanshu. Both the co-accused persons have been granted bail by the Session Court and copies of their bail orders have been annexed as Annexure no. 3 and 4 of the affidavit.

¶6The learned counsel for the applicant has submitted that no incriminating material has been recovered from the applicant and he has been implicated in the present case solely on the basis of custodial statements of the co-accused persons.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the consideration of nature of allegations, I am of the view that the aforesaid fact do not warrant exercise of discretion of this Court by granting pre arrest bail to applicant.

¶8The bail application stands rejected accordingly. However, in case the applicant files an application for grant of bail, the same shall be considered and decided on its merits, without being influenced by any observations made in this order. (Subhash Vidyarthi,J.) Order Date :- 18.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench