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2025 DAILYLAW 154514 (ALL)

HAWALDAAR @ RAJENDRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/835/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44113 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 835 of 2025 Applicant :- Hawaldaar @ Rajendra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Dilip Kumar Chaudhary,Mirza Shahid Baig Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. The present application for anticipatory bail has been filed for protection in regard to Complaint Case No.-1123/2023, U/S- 323,452,354,504,506 I.P.C., Police Station-Kotwali Dehat, District-Gonda. Learned A.G.A. submits that, in light of the judgment of this Court in Shyam Kishor @ Shyamu and 5 Others vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1926 of 2024, wherein reliance was placed upon the decision of the Karnataka High Court in Criminal Petition No. 9975 of 2021 (Ramesh vs. State through Dy. RFO, Hosur Section, Gauribidanur Range, Chikkaballapura District), the present anticipatory bail application is not maintainable as the applicants have already appeared before the court below. Even otherwise, there is no apprehension of arrest as the alleged offence is punishable with imprisonment of less than three years. Upon due consideration of the judgments referred to above, and taking into account that the offences involved are punishable with imprisonment less than three years, there appears to be no apprehension of arrest. The anticipatory bail application is misconceived and is accordingly dismissed. At this stage, learned counsel for the applicants prays that the applicants be permitted to file a regular bail application, which may be directed to be considered in accordance with the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Another, Special Leave to Appeal (Cri) No. 5191 of 2021. In view of the above, it is directed that in case the applicants file a regular bail application within ten days from the date of receipt of a certified copy of this order, the same shall be decided in accordance with the principles laid down by the Hon'ble Supreme Court in its order dated 07.10.2021 in the case of Satender Kumar Antil (supra). Order Date :- 30.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench