Application for anticipatory bail rejected because charge sheet was filed and cognizance taken, making this power inapplicable.
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. - 5820 of 2021
Applicant :- Anuj Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey 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.
It has been submitted by the applicant that the police has submitted charge sheet 24.6.2019 and the Court has taken cognizance of those offences levelled against the applicant on 11.11.2019.
Charge sheet has been submitted and the cognizance has been taken upon the same. Now the sufficiency or insufficiency of the material collected against the accused cannot be adjudicated in the exercise of power u/s 438 Cr.P.C. After the submission of charge sheet and cognizance order the status of accused got changed, keeping in view the material collected against him during the investigation. If so advised, the applicant may take any other legal recourse for redressal of his grievance.
Under circumstances, I am not inclined to exercise the power u/s 438 Cr.P.C., and accordingly, the present anticipatory bail application stands REJECTED.
Order Date :- 9.8.2021 M. Kumar
1 issue framed by the court
Whether anticipatory bail power under S. 438 Cr.P.C. can be exercised when charge sheet was already filed and cognizance taken.
1 provisions across 1 enactments
Anuj Pal
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
