AI Structured Summary
Not yet generated for this judgment
Judgment
Om Prakash Tripathi, J
Heard learned counsel for the applicant and learned AGA.
The applicant has moved the present application for anticipatory bail apprehending his arrest the case in Case Crime No. 237 of 2020 u/s 406, 420 IPC, P.S. - Mariyahun, District- Jaunpur.
However, learned AGA has submitted that punishment is up to seven years in which FIR has been instituted detailed as above.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the FIR. Learned counsel for the applicant has further submitted that entire case is mala fide with intention to harass the applicant, since punishment is upto seven years, therefore, in view 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, Siddharth vs. The State of Uttar Pradesh & Anr., Criminal Appeal No.838 of 2021 and Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No.929 of 2021, arrest of the present applicant may not be warranted. He has also submitted that the present applicant shall cooperate with the trial proceedings in the same manner as he has cooperated with the investigation, therefore, any protection may be given to him.
Since under the sections in which the F.I.R. has been filed, the punishment is upto seven years, therefore, it is expected from the learned court below to abide by the dictum of the Hon'ble Apex Court in re; Satender Kumar Antil (supra), Siddharth (supra) and Aman Preet Singh (supra) as the law propounded by the Apex Court is the law of land and everyone is duty bound to follow such law in its letter and spirit. It is also observed that the present applicant shall also cooperate with the trial proceedings properly.
However, in such circumstances, there is no need to pass any order granting anticipatory bail as prima facie it appears that there is no apprehension of the arrest of the present applicant.
The instant anticipatory bail application is disposed of in the aforesaid terms.