The court dismissed an anticipatory bail application under Section 438 Cr.P.C. as it was filed straightaway without exhausting remedies in the lower court. The application was further rejected as infructuous due to the submission of the charge sheet.
The anticipatory bail application was dismissed as infructuous and rejected.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7051 of 2021
Applicant :- Annu Mishra @ Anurag Kumar Mishra And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no. 735 of 2017, under Sections 323, 504, 506 IPC, Section 3(1) (r) & (s) SC/ST Act, Police Station-Newadhiya, District- Jaunpur.
From the record, it is evident that the applicant has approached this Court straightway without getting his anticipatory bail rejected from the court below.
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 under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. 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 police after investigation has submitted charge sheet in the matter. Thus present anticipatory bail application is no more survive. Accordingly, the present anticipatory application stands dismissed as infructuous.
Thus, giving a panoramic view of the matter, the Court is not inclined to exercise its powers in favour of the applicants, and thus the present anticipatory bail application is hereby rejected .
Order Date :- 30.7.2021
Gss
3 issues framed by the court
Whether the anticipatory bail application is infirm because it was moved straightway without first seeking bail in the court below.
Whether the anticipatory bail application is infructuous since the charge sheet has already been submitted.
Whether the court should exercise its discretion to grant anticipatory bail despite the completion of investigation.
Colour shows how this judgement treated each authority
Govind Mishra @ Chhotu Vs. State of U.P.Referred¶6
Govind Mishra @ Chhotu Vs. State of U.P.
4 provisions across 3 enactments
Annu Mishra @ Anurag Kumar Mishra And 2 Other
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
