In this matter, the single judge rejected an anticipatory bail application because the charge sheet was already submitted in the underlying case, rendering the application non-survivable.
Application rejected as the case for anticipatory bail no longer survives due to the filing of the charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14832 of 2021
Applicant :- Jai Prakash Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Ashok 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.1194 of 2019, under Sections 420, 406, 506 I.P.C., Police Station-Naini, DistrictAllahabad.
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 29.06.2021.
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 19.5.2021.
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 :- 9.9.2021 AU
1 issue framed by the court
Whether the anticipatory bail application survives given the submission of the charge sheet?
Colour shows how this judgement treated each authority
Govind Mishra @ Chhotu Versus State of U.P.Referred¶8
Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P.
1 provisions across 1 enactments
Jai Prakash Sharma
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
