Lalit Ram v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2999 of 2023 Applicant :- Lalit Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ambey Prasad Tiwari,Dinkar Tiwari,Shailendra Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ambey Prasad Tiwari learned counsel for the applicant and Sri Gyanendra Singh learned A.G.A. for the State.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.034 of 2010 under Sections 323, 504, 506, 420, 467, 468, 471 I.P.C. registered at Police Station Alambagh Lucknow District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.02.2010 against four persons, including the applicant, stating that the informant had given his house on rent to the accused person and when he asked them to vacate the house, they started abusing and beating the informant and used casting abuses.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is an innocent person. He has been falsely implicated and he has no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail and he has submitted that the trial of the case is held up in 2010 due to non cooperation of the applicant and non-bailable against the applicant is prevailing since 2018.

¶6Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is not entitled for the pre-arrest bail.

¶7Accordingly, the anticipatory bail application of the applicant is rejected.

¶8In case, the applicant appears before the trial court and files an application for regular bail, the same shall be considered and decide in accordance with law expeditiously without being influenced by the rejection of his anticipatory bail application keeping in view the law laid down by the Apex Court in case of Satendra Kumar Antil v. CBI, (2022) 10 SCC 51. (Subhash Vidyarthi, J.) Order Date :- 21.12.2023 Harshita High Court of Judicature at Allahabad, Lucknow Bench