Application for anticipatory bail was rejected as the applicants had previously been directed to surrender by a coordinate bench but failed to do so, constituting misuse of judicial process. Applicants instructed to surrender forthwith.
Application rejected; applicants directed to surrender forthwith, else police action permissible.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13332 of 2021
Applicant :- Amar Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.,Dinesh Kumar Verma
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A and perused the record.
The instant application is being moved by the applicants namely, Amar Singh and Rajesh Kumar invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 234 of 2018, under Sections 323, 326/34, 506(2) I.P.C., Police StationBasrehar, District- Etawah.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 22.06.2021.
It is evident from the record that the applicants have earlier approached this Court invoking the extra ordinary powers of Section 482 Cr.P.C. bearing Application U/s 482 Cr.P.C. No. 14810 of 2020 by coordinate Bench of this Court on 15.10.2020 and the applicants were directed to surrender before the court concerned but instead of surrendering, they have again approached this Court invoking the powers u/s 438 Cr.P.C..
Since the co-ordinate Bench of this Court has already given a direction on 15.10.2020 for surrendering before the majesty of the Court, again entertaining the instant anticipatory bail is nothing but gross misuse of liberty granted to the applicants and deserves to be REJECTED .
The applicants are directed to surrender forthwith, else the police authorities are granted to take suitable action against the applicants in accordance with law.
Order Date :- 17.8.2021
Nisha
Amar Singh
Rajesh Kumar
Rahul Chaturvedi
As recorded by the court registry
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