The High Court, per Hon'ble Rahul Chaturvedi, J., rejected an anticipatory bail application under Cr.P.C. S. 438. The court held that since a charge-sheet had been filed in the underlying case, the anticipatory bail application no longer survived.
Rejection of the anticipatory bail application.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7097 of 2021
Applicant :- Jalish Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Anand Pati Tiwari, 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.0454 of 2018, under Sections 379, 411 I.P.C., Police Station-Dibiyapur, DistrictAuraiya.
Learned counsel for the applicant submits that charge-sheet has been filed as such the present anticipatory bail losses its efficacy.
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 :- 3.9.2021 AU
1 issue framed by the court
Whether availability of a charge-sheet in the underlying criminal proceeding deprives an anticipatory bail application of its efficacy.
Jalish
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
