Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4713 of 2021 Applicant :- Arun Kumar Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.,Ashok Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Ashok Kumar Singh, learned counsel for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Arun Kumar Bansal, with a prayer to release him on bail in Case Crime No.453 of 2017(Case No. 191 of 2018), under Sections- 420,467,468,471 IPC, Police Station- Gandhi Park District- Aligarh, during pendency of trial.
Applicant has approached this court after cognizance on the charge sheet has submitted against him.He has already challenged the charge sheet dated 27.7.2018 in application under section 482 No. 38990 of 2018 which was disposed of directing the applicant to move discharge application before the court below within three weeks,thereafter apply for bail. The bail application was directed to be decided as per judgement of Amrawati and another Vs. State of U.P. reported in 2004(57),ALR-290 as well as judgement of Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P.,2009(3) ADJ,322(322) (SC).
Thereafter applicant moved discharge application before the court below which was rejected by order dated 22.11.2019. He has already challenged the aforesaid order by filing the application under section 482 Cr.P.c. No.8114 of 2020, which is pending.
In view of the fact that applicant has already approached this court, application is barred by paragraph 45 (8) of the judgement dated 05.04.2021 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2110 of 2021, Shivam Vs. State of U.P. and Another,hence this anticipatory bail application deserves to be rejected.
It is accordingly, rejected.
Order Date :- 7.4.2021 Atul kr. sri.