The court rejected an anticipatory bail application under Section 438 Cr.P.C. as not maintainable, noting that the investigation was complete and a charge sheet had already been filed against the applicant.
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Court No. - 54
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1173 of 2020
Applicant :- Rajesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Prashant Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed seeking bail in Case Crime No. 400 of 2019, under Sections 323, 324, 506, 452 IPC, P.S. Sikrara, District Jaunpur, during the pendency of investigation.
Preliminary objection has been raised by learned AGA to the effect that investigation has already been completed and charge sheet no. 1 of 2020, under Sections 323, 324, 506, 452 has been filed against the applicant on 12.1.2020.
In view of the above, present application seeking anticipatory bail is not maintainable and is, accordingly, rejected.
Order Date :- 29.1.2020 Noman
1 issue framed by the court
Whether an anticipatory bail application is maintainable after the filing of a charge sheet.
Rajesh Singh
State of U.P.
Rajiv Joshi
As recorded by the court registry
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