Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10413 of 2021 Applicant :- Afzal Ahmad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Prakash Shukla,Ch. Dil Nisar,Nipun Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A and perused the record.
The instant application is being moved by the applicants namely, Afzal Ahmad and Rajesh invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 73 of 2021, under Sections 420, 467, 468, 471, 465, 120-B, 414 I.P.C., Police Station- Kutubsher, District- Saharanpur.
From the record, it is evident that the applicants have approached this Court after getting their anticipatory bail rejected from the court of sessions vide order dated 23.03.2021.
The present anticipatory bail has been filed on behalf of Afzal Ahmad and Rajesh. During the pendency of present bail application the applicant no. 1, Afzal Ahmad has died therefore, the bail application of applicant no. 1 has rendered infructuous and the same is dismissed accordingly. So far as the applicant no. 2 Rajesh is concerned.
I have gone through the contents of the FIR. The applicant is named accused person in the FIR. Keeping in view the role attributed to the applicant no. 2 in the commission of the offence, he deserves no liberty. Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
However, the applicant no. 2, namely Rajesh is directed to approach the court concerned on or before 18.10.2021 and apply for regular bail, the same shall be heard and decided by the court below.
Till 18.10.2021 or date of surrender which ever is earlier, the applicant shall not be arrested in the aforesaid case crime.
With this observation, the present anticipatory bail application stands disposed of.
Order Date :- 23.9.2021 Nisha