Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6677 of 2020 Applicant :- Amit Maurya Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Pratap Singh Counsel for Opposite Party :- G.A.,Kripa Shankar Prasad
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Amit Maurya, in Case Crime No. 956 of 2019, under Sections- 323, 504, 506, 495, 498-A, 377 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Colonelganj, District- Prayagraj.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P.,hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
By the order dated 09.11.2020 the applicant was enlarged on anticipatory bail.
Despite time granted no counter affidavit has been filed by counsel for the informant.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
The applicant has already been enlarged on interim anticipatory bail by order dated 09.11.2020.
The order is confirmed.
Applicant will remain on anticipatory bail till cognizance is taken by the court on the police report u/s 173 (2) Cr.P.C. on same terms and conditions as mentioned in the order dated 09.11.2020.
In case charge sheet has been submitted and cognizance has been taken against the accused person this order shall cancel.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 13.4.2021 Rohit