Sahina Bano v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2980 of 2023 Applicant :- Sahina Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Manoj Kumar Singh, learned counsel for the applicant as well as Sri Arpit Kumar, 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. 46 of 2022, under Sections 306 I.P.C, registered at Police Station Nawabganj, District Bahraich.

¶3The learned A.G.A has raised a preliminary objection that a proclamation under Section 82 Cr.P.C. has been issued against the applicant and thereafter proceedings under Section 83 Cr.P.C have also been drawn against her and, therefore, in view of the law laid down by the Hon'ble Supreme Court in Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730, the present application is not maintainable.

¶4In view of the aforesaid objection, the application for anticipatory bail stands rejected. However, in case the applicant appears and files an application for grant of bail, the same shall be considered and decided expeditiously in accordance with law, without being influenced by rejection of the anticipatory bail application. (Subhash Vidyarthi,J.) Order Date :- 20.12.2023/Preeti. High Court of Judicature at Allahabad, Lucknow Bench