RANJEET RATHOUR @ JEETU RATHORE v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/335/2025 · 2025-04-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133417 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133417 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21601 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 335 of 2025 Applicant :- Ranjeet Rathour @ Jeetu Rathore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mahendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Notice to opposite party no.2 stands dispensed with.
2. First anticipatory bail application has been filed with regard to case crime No.0054 of 2025, under Section 352 BNS, 2023 and Section 67 I.T. Act, P.S. Palia, District Kheeri.
3. It is submitted by learned AGA that punishment with regard to all the sections imputed against applicant are below seven years but he is not cooperating in the investigation. It is submitted that even otherwise there is no apprehension of arrest with the applicant since only a notice under Section 41A Cr.P.C. would be issued against him if required.
4. Learned counsel for applicant however submits that the apprehension of arrest is very much thereto due to lodging of FIR.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is admitted that maximum punishment imposable against applicant would be below seven years and therefore the applicant definitely would be covered by Judgment rendered by Hon'ble the Supreme Court in the case of Arnesh Kumar versus State of Bihar & Anr; 2014(8) SCC 273. At present there does not appear to be any apprehension of arrest of applicant who is hereby directed to cooperate during the course of investigation.
6. In view of aforesaid, the application is therefore disposed of benefit of Arnesh Kumar (supra) and Section 41-A Cr.P.C. (Section 35 BNSS) would definitely be available to applicant. Order Date :- 17.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench