Munauwar@Munawwar Ali v. State of Up and Other
Case brief
What is this about?
The Allahabad High Court rejected an anticipatory bail application filed by Munauwar Ali in a criminal case involving cheating and forgery. The court held that since the police investigation concluded and submitted a report under Section 173(2) Cr.P.C., the ground for anticipatory bail no longer existed.
What did the court decide?
The present anticipatory bail application is hereby rejected.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12964 of 2021
Applicant :- Munauwar@Munawwar Ali Opposite Party :- State Of Up And Other Counsel for Applicant :- Pavan Kumar Srivastava
Hon'ble Rahul Chaturvedi,J.
Heard Shri P.K.Srivastava, 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.23 of 2021, under Sections 419, 420, 467, 468,504, 506 I.P.C., Police Station-Kopaganj, District-Mau.
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 31.5.2021.
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 inform the Court that police after investigation has submitted report under Section 173(2) Cr.P.C. Accordingly, the case for anticipatory bail for the applicant is no more survives and accordingly, the present anticipatory bail application is hereby REJECTED .
Issues for consideration
2 issues framed by the court
Whether to grant anticipatory bail after a police report was submitted under Section 173(2) Cr.P.C.
Whether the anticipatory bail application survives in light of the charge-sheet submission.
Parties & counsel
- applicant
Munauwar@Munawwar Ali
- respondent
State Of Up And Other
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/12964/2021
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