BRIJESH MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
ABAIL/16/2025 · 2025-01-21
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115019 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115019 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3818 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16 of 2025 Applicant :- Brijesh Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Amit Kumar,Deepansi Counsel for Opposite Party :- G.A.,Pramod Kumar,Sanjay Kumar Yadav Hon'ble Rajesh Singh Chauhan,J.
1. Heard Ms. Deepansi, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and Sri Sanjay Kumar Yadav has appeared on behalf of opposite party no.2. 2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Criminal Case No.579 of 2023, Case Crime No.0024 of 2022, under Sections 420 & 406 IPC, Police Station- Hanswar, District- Ambedkar Nagar. 3. At the very outset, learned AGA has raised objection that the present applicant is having no apprehension of arrest inasmuch as the sections under which charge sheet has been filed is having punishment upto seven years, therefore, the applicant may seek benefit of the dictum of the Apex Court in re; Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021. Besides, till filing of the charge sheet, the applicant has not been arrested, therefore, he may also claim the benefit of the dictum of the Apex Court in re; Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No.929 of 2021, which says that after filing of the charge sheet, the accused-applicant would not necessarily be arrested unless the learned Trial Court has got reason to take the applicant into judicial custody. In view of the above, the present anticipatory bail application is misconceived. 4. Having heard learned counsel for the parties and having perused the material available on record, this is an admitted position that the accused- applicant has not been arrested during investigation and with his cooperation, charge sheet has been filed under those sections wherein the punishment is upto seven years, therefore, the present applicant is entitled for the benefit of the dictum of the Apex Court in re; Satender Kumar Antil (supra) and Aman Preet Singh (supra). 5.
Therefore, without entering into merits of the issue, I hereby dispose of this anticipatory bail application finally at the admission stage giving liberty to the applicant to appear/ surrender before the learned court below and may file his bail application within a period of two weeks and if such bail application is filed, the same may be considered and disposed of expeditiously, preferably on the same day, in the light of the dictum of the Apex Court in re; Satender Kumar Antil (supra) and Aman Preet Singh (supra). [Rajesh Singh Chauhan,J.] Order Date :- 21.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench