Court No. - 53
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5875 of 2021 Applicant :- Anjani Kumar @ Anjani Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.,Satish Kumar Mishra,Virendra Kumar Shukla
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
It is submitted by the learned counsel for the applicant that the applicant was granted anticipatory bail during investigation. He has not misused the liberty of bail and cooperated the investigating agency. It is also submitted that after submission of the charge sheet, anticipatory bail application is maintainable.
On the other hand, learned AGA submitted that coercive processes have been issued against the applicant. On submission of charge sheet he did not appear before the Court concerned nor participated in the proceeding.
I have considered the rival submissions made by the learned counsel for the parties.
In this matter, as is evident from the record, anticipatory bail application was filed on 16.2.2021. Charge sheet was submitted on 15.9.2020 and cognizance has also been taken thereon. Summon has been issued against the applicant. When he did not appear before the Court concerned, bailable warrant was issued. Thereafter, Court court concerned issued non-bailable warrant against the applicant. It appears that the applicant is avoiding participation in the proceeding of the Court.
Hence, having regard to the entire facts and circumstances of the case and keeping in view the conduct of the applicant, prayer made in the application is refused. The present application is liable to be dismissed and the same is accordingly dismissed.
Order Date :- 22.12.2021 safi