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2023 Supreme(All) 1666
IN THE HIGH COURT OF ALLAHABAD
SAMIT GOPAL, J.
Umar Ansari – Applicant
Versus
State of U.P. - Opposite Party
Criminal MISC Anticipatory Bail Application U/S 438 CR.P.C. No. 9241 of 2023
Decided On : 19-12-2023
For the Applicant : Upendra Upadhyay, G.S. Chaturvedi, Sr. Adv.
For the Opposite Party : P.C. Srivastava AAG, Vikas Sahai A.G.A.
The court ruled that anticipatory bail cannot be granted if prior applications were dismissed as not pressed, and the applicant shows non-cooperation in the trial proceedings.
Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory bail - Second application for anticipatory bail filed by the applicant, previously dismissed as not pressed - Allegations include breach of code of conduct and incitement to violence - Investigation concluded with charge-sheet filed - No sufficient grounds for anticipatory bail found, dismissed due to applicant's non-cooperation and forum shopping. (Paras 2, 4, 19, 22)
(B) Anticipatory Bail - Principles - The court emphasized that anticipatory bail cannot be granted if the applicant has previously withdrawn applications to file better petitions, especially when the investigation has concluded and charges have been established. (Paras 19, 21)
JUDGMENT :
(Samit Gopal, J.)
1. Heard Sri Gopal S. Chaturvedi, learned Senior Advocate assisted by Sri Upendra Upadhyay, learned counsel for the applicant, Sri P. C. Srivastava, learned Additional Advocate General with Sri Vikas Sahai, learned Additional Government Advocate appearing for the State of U.P. and perused the records.
2. This is the second anticipatory bail application under Section 438 of the Criminal Procedure Code, 1973 (hereinafter referred as “Cr.P.C.”) filed by the applicant- Umar Ansari with the following prayers:-
“It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present second anticipatory bail application release the Applicant on anticipatory bail in Case Crime No. 97 of 2022, under Sections 506, 171-F, 186, 189, 153-A, 120-B I.P.C., Police Station- Kotwali Nagar, District Mau during pendency of the Trial before the learned Trial Court otherwise the applicant shall suffer irreparable loss and injury. And or to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. The applicant- Umar Ansari had previously filed a Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. - 9596 of 2022 (Umar Ansari vs. State of U.P.) in the present case with the following prayers:-
“It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present second anticipatory bail application release the Applicant on anticipatory bail in Case Crime No. 97 of 2022, under Sections 506, 171-F, 186, 189, 153-A, 120-B I.P.C., Police Station- Kotwali Nagar, District Mau during pendency of the Trial before the learned Trial Court otherwise the applicant shall suffer irreparable loss and injury.
And or to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case."
4. The first anticipatory bail application was dismissed as not pressed by this Court vide order dated 17.10.2022. The same reads as under:-
"Heard Sri Upendra Upadhyay, learned counsel for the applicant and Sri Shashi Kant Pandey, learned counsel for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Umar Ansari, seeking anticipatory bail, in the event of arrest in Case Crime No. 97 of 2022, u/s 506, 171-F, 186, 189, 153-A, 120-B IPC, P.S. Kotwali Nagar, District Mau.
At the very outset, learned counsel for the applicant states that the present application under Section 438 Cr.P.C. be dismissed as not pressed as he intends to file better petition annexing some more documents and disclosing subsequent development.
Prayer is allowed.
The present anticipatory bail application is dismissed as not pressed with the aforesaid liberty."
5. This matter was heard on 03.11.2023 and the following order was passed by this Court:-
“1. List revised.
2. Heard Sri Gopal S. Chaturvedi, learned Senior Advocate, assisted by Sri Upendra Upadhyay, learned counsel for the applicant, Sri P. C. Srivastava, learned Additional Advocate General assisted by Sri Vikas Sahai, learned Additional Government Advocate appearing for the State of U.P. and perused the record.
3. This is the second anticipatory bail application under Section 438 Cr.P.C. filed by the applicant Umar Ansari, seeking anticipatory bail, in the event of arrest in Case Crime No. 97 of 2020, under Sections 506, 171-F, 186, 189, 153-A, 120-B I.P.C., Police Station- Kotwali Nagar, District Mau during pendency of the trial.
4. The first anticipatory bail application of the applicant being Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9596 of 2022 was rejected by this Court vide order dated 17.10.2022 which reads as under:-
"Heard Sri Upendra Upadhyay, learned counsel for the applicant and Sri Shashi Kant Pandey, learned counsel for the State.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Umar Ansari, seeking
