The Single Judge dismissed the anticipatory bail application under Section 438 CrPC, holding that no threat of arrest existed following a stay order by the Hon'ble Apex Court on the service matter.
The application for anticipatory bail was disposed of as there was no threat of arrest.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8156 of 2021 Applicant :- Shobha Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Chandra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. and peruse the record of anticipatory bail application.
Counter affidavit filed by learned A.G.A, is taken on record.
The present anticipatory bail application has been filed by the applicant Shobha Mishra with the prayer to enlarge her on anticipatory bail in Case Crime No. 0051 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Gajraula, District Jyotiba Phule Nagar.
At the very outset, learned counsel for the applicant has submitted that order passed by this Court in the service matter has already been stayed by the Hon'ble Apex Court and a direction has been issued to give salary to the applicant.
In view of the order of the Hon'ble Apex Court, there remains no threat of arrest to the applicant.
Accordingly, the application for the anticipatory bail is hereby disposed of.
Order Date :- 14.7.2021 sailesh
1 issue framed by the court
Whether anticipatory bail is required when the Supreme Court has stayed the impugned order and directed salary payment.
1 provisions across 1 enactments
Shobha Mishra
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
