The Court disposed of an anticipatory bail application by extending an earlier interim order. The applicant argued that no counter affidavit was filed by the State despite investigations continuing. The Court extended interim bail until the charge sheet is submitted.
Interim anticipatory bail order extended till submission of charge sheet.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13701 of 2021 Applicant :- Israr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application of the anticipatory bail given by the applicant Israr , in Case Crime No. 135 of 2021, under Sections 147, 148, 149, 188, 323, 336, 307, 332, 353 I.P.C. and Section 7 Criminal Law Amendment Act, P.S.- Mainather, District - Moradabad.
Submission of the learned counsel for the applicant is that after perusal of the first information report and record, the interim anticipatory bail has already been granted to the applicant by this Court, vide order dated 24.08.2021 and the counter affidavit was called for. It has been submitted that till date no counter affidavit has been filed by learned A.G.A. This investigation in this case is still continuing. He further submits that the order of interim anticipatory bail dated 24.08.2021 may be extended.
Learned A.G.A. has opposed but he did not disputed the aforesaid facts.
In view of above, I find that it will be in the interest of justice if the anticipatory bail application is disposed of by extending the interim anticipatory bail order dated 24.08.2021 till submission of charge sheet only.
Accordingly the anticipatory bail application is disposed of by extending the interim anticipatory bail order dated 27.08.2021 till submission of charge sheet only.
Order Date :- 22.9.2021 sailesh
3 issues framed by the court
Whether the interim anticipatory bail order dated 24.08.2021 should be extended.
Whether the application can be disposed of without the counter affidavit from the State.
Whether the investigation is still continuing and affects the disposal.
1 provisions across 1 enactments
Israr
Pradeep Kumar Srivastava
As recorded by the court registry
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