Deepak v. State of U.P & Anr.

Hon'ble Nalin Kumar Srivastava,J. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Deepak in Case Crime No. 3 of 2022, under Sections 406, 504 and 506 I.P.C., Police Station - Budhana, District - Muzaffarnagar. Heard learned counsel for the applicant, learned counsel for informant as well as the learned AGA. It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. Applicant's case is squarely covered under Section 438 Cr.P.C. Investigation is going-on and till today charge sheet has not been submitted in the matter. It is further submitted that if the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. Learned counsel for the informant as well as the learned A.G.A. opposed the prayer. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. In this matter, as is evident from the record, offences levelled against the applicant are of Sections 406, 504 and 506 IPC which are punishable upto seven years. Specific provisions under Section 41 and 41-A CrPC have been provided giving protection to the accused person from arrest for the offences punishable upto seven years' punishment till submission of charge sheet. Hence, having regard to the entire facts and circumstances of the case, no indulgence is warranted in the matter. Prayer made in the application is refused. The application is dismissed. Order Date :- 7.12.2022 Reason: Location: High Court of Judicature at Allahabad