In a criminal miscellaneous application under Section 438 Cr.P.C., Hon'ble Rahul Chaturvedi, J. rejected the applicant's plea for anticipatory bail.
No relief; anticipatory bail application rejected. Liberty to surrender remains unfulfilled by applicant.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10194 of 2021
Applicant :- Narendra Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma,Navaneet Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant, Narendra Kumar Yadav is seeking protection keeping in view the apprehension of being arrested by the police in Case Crime No.195 of 2017, u/s 419, 420, 406, 506 I.P.C., Police StationGambhirpur, District-Azamgarh.
The applicant is a chargesheeted accused. The charge sheet was filed against the applicant way back on 4.11.2017 and the summoning order was passed on 24.01.2019. The applicant has challenged the said charge sheet as well as summoning order before this Court by way of filing Application u/s 482 Cr.P.C. No.41558 of 2019, in which on 02.12.2020 this Court has granted liberty to surrender before the court below within 45 days. Instead of surrendering before the majesty of the Court, the applicant again approached this Court by way of filing the instant anticipatory bail application. This anticipatory bail application is not maintainable in the light of judgement of this Court delivered in the case of Shivam vs State of U.P., 2021 SCC OnLine All 264.
Under circumstances, I am not inclined to exercise the power u/s 438 Cr.P.C. in favour of applicant, accordingly, the present anticipatory bail application stands REJECTED.
Order Date :- 10.8.2021 M. Kumar
2 issues framed by the court
Whether anticipatory bail application is maintainable where applicant already secured liberty to surrender under s. 482 Cr.P.C.
Whether court should exercise power to grant anticipatory bail in view of non-surrender despite liberty given.
Colour shows how this judgement treated each authority
Shivam vs State of U.P.Relied on¶8
Shivam vs State of U.P., 2021 SCC OnLine All 264 · Who else cites this
2 provisions across 1 enactments
Narendra Kumar Yadav
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
