Mukesh Kumar Mandal vs. State Of U.P.

<u>Court No. - 73</u>

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9906 of 2023

Applicant :- Mukesh Kumar Mandal Opposite Party :- State Of U.P. And Antoher Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava, J.

1. Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

2. This application has been moved on behalf of the applicant Mukesh Kumar Mandal seeking anticipatory bail in Case Crime No.247 of 2023, under Sections 120-B, 420 IPC and 66-C I.T. Act, P.S. Jahangirabad, District Bulandshahr.

3. Learned AGA submitted that the offences levelled against the applicant are punishable with the imprisonment for a maximum period of seven years. It is further submitted that a notice under Section 41-A Cr.P.C. has been given to the accused applicant in this matter by the police, and as such the applicant has no reason to believe that he will be arrested by the police.

4. In view of the above, since the alleged offences are punishable with the imprisonment for a maximum period of seven years, the accused applicant has no apprehension of arrest and in such type of cases the accused applicant is already protected from arrest by virtue of specific provision of Section 41-A Cr.P.C. and also in view of the judgement of the Apex Court passed in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and also in Criminal Appeal No. 2207 of 2023 (Md. Asfak Alam Vs. State of Jharkhand & Anr) 2023 INSC 660 delivered on 31.7.2023. Hence, there is no need to proceed further in the matter.

5. The application is disposed of accordingly.

Order Date :- 12.10.2023

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