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2025 DAILYLAW 30547 (ALL)

KESAR SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/5020/2025 · 2025-04-15

Siddhartha Varma, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55733-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5020 of 2025 Petitioner :- Kesar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. The contention of learned counsel for the petitioner is that initially an F.I.R. was got lodged against the petitioner on 16.8.2024. For quashing of the same the petitioner had approached the High Court by means of Criminal Writ Petition No.15271 of 2024, wherein the High Court had considered the case of the petitioner and had found that no interference had to be done in that case and in fact had relegated the petitioner to apply for anticipatory/regular bail before the appropriate court. It is, thereafter the case of the petitioner that while the application praying for anticipatory bail was being prepared, the petitioner was arrested and thereafter he was released on bail only on 19.9.2024. Learned counsel for the petitioner submits that application for anticipatory bail while was being prepared the petitioner was arrested and therefore the arrest amounted to an illegal detention. Sri Manish Goel, learned Additional Advocate General assisted by Sri Arvind Kumar, learned Additional Government Advocate submitted that whenever there is an F.I.R., there was always a possibility for the accused to get arrested and therefore, there was absolutely no illegal detention till such time as there was no order passed on the application for anticipatory bail. Also he submits that the F.I.R. was very much in existence as the High Court had refused to quash the same. We have considered the rival submissions and find that argument of learned counsel for the petitioner has no substance. When there was yet no anticipatory bail and the F.I.R. was very much in existence and if an arrest had taken place then it could not be called an illegal detention. The writ petition is accordingly dismissed. Order Date :- 16.4.2025 Kpy (Vipin Chandra Dixit, J) (Siddhartha Varma, J) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad