Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 107571 (ALL)

ATUL KUMAR v. STATE OF U.P. AND ANOTHER

ABAIL/11212/2024 · 2025-09-24

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11212 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 1215 of 2023, under Section 420, 467, 468, 471 I.P.C., Police Station Kotwali Shahar, District Bijnor, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel for the applicant that vide order dated 05.12.2024, the applicant was granted anticipatory bail till the next of listing. Now the charge sheet has been filed in the present crime. Thus, the applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail. 4. Learned A.G.A. while opposing the application for anticipatory bail has submitted that credible evidence has been collected during the investigation, which has been culminated into the submission of charge sheet. 5. Perusal of the record shows that specific allegations have been levelled against the applicant in commission of offence. The investigating officer, during the course of investigation finds the complicity of the applicant in the commission of offence which is supported by oral as well as documentary evidence, thus, after collecting credible evidence against the applicant charge sheet has been submitted. Furthermore, in the case of Versus Counsel for Applicant(s) : D.M.Tripathi, Manjeet Kumar Counsel for Opposite Party(s) : G.A. Atul Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case coupled with the fact that after collecting credible evidence against the applicant the Investigating Officer has submitted charge sheet before the court concerned, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 7. Interim order, if any stands vacated. 8. The anticipatory bail application is rejected. September 25, 2025 Mustaqeem. ABAIL No. 11212 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad