The Single Bench rejected an anticipatory bail application under Section 438 Cr.P.C. Filed post-charge-sheet and cognizance, the court held the application not maintainable as the applicant failed to demonstrate apprehension of arrest.
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Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15697 of 2021
Applicant :- Manjeet Gupta And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Namit Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Virendra Jaiswal, Advocate holding brief of Sri Namit Kumar Sharma, learned counsel for the applicants, Sri Abhishek Kumar Tripathi, learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been filed by the applicant with a prayer to release him on anticipatory bail in Criminal Case No. 1089 of 2020 (State Vs. Shivsharan Chauhan and others) arising out of Case Crime No. 54 of 2020, under Sections 147, 148, 323, 504, 506, 427, 452, 325 IPC, Police Station Kasimabad, District Ghazipur till conclusion of trial.
Admittedly, the present application has been filed after submission of the charge-sheet dated 31.03.2020 and cognizance was taken by the court below on 15.10.2020. In the entire application, there is no averment that the applicant is having apprehension of his arrest in the present case. There is also no averment that any warrant has been issued against applicant by the court below, therefore, in view of this fact, the present anticipatory bail application under Section 438 Cr.P.C. is not maintainable and is liable to be rejected, as the applicant failed to show the reason and cause that there is apprehension for his arrest in the present case even after submission of charge-sheet.
Accordingly, the instant anticipatory bail application is hereby rejected.
Order Date :- 2.12.2021 AK Pandey
1 issue framed by the court
Whether an anticipatory bail application is maintainable when no apprehension of arrest exists even after the charge-sheet is submitted.
Manjeet Gupta
State Of U.P.
Sameer Jain
As recorded by the court registry
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