The applicant sought anticipatory bail in a case involving IPC and POCSO offences. The court observed that the charge sheet had already been submitted. Consequently, the application was rejected as the case for bail no longer survived.
Application for anticipatory bail rejected as the charge sheet has been submitted.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13834 of 2021
Applicant :- Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra 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 is seeking his anticipatory bail in Case Crime No.24 of 2021, under Sections 452, 354, 323 IPC and Section 7/8 POCSO Act, Police Station-Rendhar, DistrictJalaun.
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 05.07.2021.
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 11.07.2021.
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 :- 8.9.2021
Abhishek Sri.
1 issue framed by the court
Whether an anticipatory bail application survives after the submission of the charge sheet.
4 provisions across 4 enactments
Shivam
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
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