The High Court rejected the anticipatory bail application of the applicant, noting he had already been denied bail by the Court of Session following the submission of the charge sheet. Consequently, the application could not succeed.
Application for anticipatory bail is rejected; no relief granted.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11135 of 2021
Applicant :- Bhagwan Das Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Kumar Shukla Counsel for Opposite Party :- G.A.,Sanjay Maurya
Hon'ble Rahul Chaturvedi,J.
Heard Shri Rakesh Kumar Shukla, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant is seeking his anticipatory bail in Case Crime No.68 of 2019, under Sections 323, 504, 506, 427, 325 IPC and Section 3(1)(Da) (Dha) of SC/ST Act, Police Station-Samthar, District-Jhansi.
From the record, it is evident that the applicant has approached this Court after getting anticipatory bail rejected from the Court of Session vide order dated 25.02.2021.
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 u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required. Learned AGA submitted that the charge sheet has been submitted in the matter on 27.04.2019.
Accordingly, the case for anticipatory bail for the applicant is no more survives and accordingly, the present anticipatory bail application is hereby REJECTED .
Order Date :- 25.8.2021
Abhishek Sri.
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in the pending criminal prosecution.
Whether the application falls to be rejected after the subsequent rejection by the Sessions Court.
3 provisions across 3 enactments
Bhagwan Das
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
