Shubham Sharma Vs State of U.P. and Anr.

Court No. - 65

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2150 of 2020

Applicant :- Shubham Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abhijit Mishra,Santosh Kumar Gupta Counsel for Opposite Party :- G.A.,Anil Kumar,Mohit Singh

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Vinod Kumar Yadav, learned counsel holding brief of Sri Santosh Kumar Gupta, learned counsel for the applicant, Sri Mohit Singh, learned counsel for the informant and learned A.G.A. for the State.

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This anticipatory bail application has been filed on behalf of the applicant - Shubham Sharma , seeking anticipatory bail in Case Crime No.47 of 2020, under Sections -307, 506 I.P.C., Police Station -Chandausi, District -Sambhal , during the pendency of trial.

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At the outset, an objection has been raised in the nature of preliminary objection that the applicant has not joined the investigation and non-bailable warrants have been issued against him that are pending execution. This fact is noted in the (anticipatory) bail rejection order dated 24.02.2020 passed by the Sessions Judge, Sambhal.

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In view of the fact that the applicant has not joined the investigation and non-bailable warrants have remained pending execution since February, 2020, I am not inclined to exercise discretionary jurisdiction to grant anticipatory bail in such matter. However, in the event of regular bail being applied by the applicant, the same may be decided on its own merits without being prejudiced by any observation made in this order.

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Accordingly, the present application stands rejected .

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Order Date :- 22.10.2020 S.Chaurasia

Shubham Sharma v. State of U.P. and Anr.

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Shubham Sharma v. State of U.P. and Anr.

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