Avadhesh v. State of U.P. and 2 Others
Case brief
What is this about?
This judgment rejected an anticipatory bail application under Section 438 Cr.P.C. The court held that since the applicant had already challenged the charge sheet and summoning order via a Criminal Misc. Application, filing the current bail application rendered it infructuous.
What did the court decide?
The anticipatory bail application was rejected as it became infructuous upon the submission of the charge sheet and subsequent challenges.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7223 of 2021
Applicant :- Avadhesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Kumar Yadav,Jigyasa Singh Counsel for Opposite Party :- G.A.,Anil Kumar Yadav
Hon'ble Rahul Chaturvedi,J.
Heard Shri Alok Kumar Yadav, learned counsel for the applicant; Shri Anil Kumar Yadav, learned counsel for the opposite party no.3 as well as learned A.G.A. Perused the record.
Learned counsel for the opposite party no.3/complainant informs the Court that after the investigation into the matter the police has submitted charge sheet against the applicant on 13.10.2020 and the applicants have again challenged the said charge sheet as well as summoning order by means of filing Criminal Misc. Application u/s 482 No.328 of 2021 and consequently the present anticipatory bail application has been moved.
Under circumstances, the present anticipatory bail application renders infructuous and accordingly stands REJECTED.
Order Date :- 22.7.2021 M. Kumar
Issues for consideration
1 issue framed by the court
Whether the present anticipatory bail application is maintainable in light of the infructuous nature of the charge sheet and summoning order challenge.
Parties & counsel
- applicant
Avadhesh
- respondent
State Of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/7223/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court