Shyamlal Gautam and Another v. State of U.P. and Another
Case brief
What is this about?
Hon'ble Rahul Chaturvedi, J. rejected the anticipatory bail application under Section 438 CrPC in a case involving Sections 363, 366, 506, 120-B IPC, holding that the application ceased to be efficacious because the charge-sheet was already submitted on 29.5.2019.
What did the court decide?
Anticipatory bail application rejected; applicant advised to invoke proper legal remedies.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7339 of 2021
Applicant :- Shyamlal Gautam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Vivek Kumar Singh, 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.0014 of 2019, under Sections 363, 366, 506, 120-B I.P.C., Police Station-Pawara, District-Jaunpur.
Learned counsel for the applicant submits that charge-sheet has been submitted on 29.5.2019 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.
However, the applicant may ventilate his grievance by invoking proper remedy available under law, if so advised.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail application is maintainable when charge-sheet has been already submitted.
Parties & counsel
- applicant
Shyamlal Gautam
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/7339/2021
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