The Court rejected anticipatory bail application due to unrecovered missing victim but granted non-arrest pending surrender by a specified date under pandemic conditions.
Applicant not to be arrested; must surrender and apply for bail by 10.10.2021, after which bail shall be adjudicated.
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Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10054 of 2021 Applicant :- Ajay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bashisth Narain Pandey Counsel for Opposite Party :- G.A.,Virendra Singh
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.05 of 2021, under Section 363, 366, 343 I.P.C., Police Station-Rudhauli, District-Basti.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected by the court below on 10.03.2021.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
I have gone through the contents of the FIR. The applicant is named in the FIR and the minor girl is yet to be recovered. Learned counsel for the applicant submits that the applicant is ready to cooperate in the investigation. Learned counsel for the applicant next submits that co-accused Sangeeta has already been granted bail by co-ordinate Bench of this Court on 19.07.2021.
Till such time, the corpus of the girl is not recovered, the Court is not inclined to grant any protection to the applicant. Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicant surrenders before the court concerned on or before 10.10.2021 and applies for bail, the same shall be adjudicated and decided by the courts below in accordance with law.
Till the date of surrender, the applicant shall not be arrested in connection with Case Crime no.05 of 2021, under Section 363, 366, 343 I.P.C., Police StationRudhauli, District-Basti.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 1.10.2021/Sumit S
1 issue framed by the court
Whether anticipatory bail can be granted when the missing victim of the offence has not been recovered.
2 provisions across 2 enactments
Ajay Kumar
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
