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IN THE HIGH COURT OF ALLAHABAD
JYOTSNA SHARMA, J.
Lalman – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 12988 of 2022
Decided On : 21-03-2023
Wild Life (Protection) Act, 1972 - Sections 9, 51 - Seeking anticipatory bail - Coercive action – Held, At very outset counsel for applicant prays not to press this anticipatory bail application with further prayer to grant him relief in light of Central Bureau of Investigation and Another - Application is disposed of.
JUDGMENT :
JYOTSNA SHARMA, J.
1. Heard Sri Vivek Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the papers on record.
2. This application has been moved on behalf of the applicant-Lalman seeking anticipatory bail in Case No. 4240 of 2021 arising out of Case Crime No. 20 of 2021, under Sections 9, 51 The Wild Life (Protection) Act, 1972, Police Station-Adampur, District-Amroha.
3. At the very outset, learned counsel for the applicant prays not to press this anticipatory bail application with further prayer to grant him relief in the light of Satender Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773.
4. This anticipatory bail application is disposed of with a direction to file appropriate application before the court below within 15 days from today, which shall be decided in the light of prevailing law.
5. For the period of 15 days from today or till the time of appearance of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
The main legal point established in the judgment is the applicability of the law laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another in ....
The court established that anticipatory bail applications must be disposed of in a timely manner as per the guidelines set by the Supreme Court.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
Granting anticipatory bail under the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007.
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
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