Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14304 of 2021 Applicant :- Bali Wakar @ Karu Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application moved under Section 438 Cr.P.C., by applicant Bali Wakar @ Karu, in Case Crime No. 836 of 2020, under Section 379 IPC, Police Station Hapur Kotwali, District Hapur.
Co-ordinate Bench of this Court, vide order dated 9.8.2021, has granted interim anticipatory bail to applicant, till submission of police report under Section 173(2) Cr.P.C. or 90 days, whichever is earlier and this application was ordered to be placed after two months before the appropriate Bench. Whereas, as per sub-section 5 of Section 438 of Cr.P.C. of Uttar Pradesh State Amendment "the High Court or Court of Session, as the case may be, shall finally dispose off an application for grant of anticipatory bail under sub-section 1 of Section 438 Cr.P.C. within 30 days of the date of such application. Under sub-section 3 of Section 438 of Cr.P.C. "where the Court grants interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard and when the application shall be finally heard by the Court". Meaning thereby, the anticipatory bail application is to be heard and finally decided within 30 days of the date of such application and in the present case, this date of two months has been scheduled against the provision of Legislature. Moreso, the ground and reasoning of grant of interim anticipatory bail could not be rebutted or shown otherwise.
Hence, on the same ground and reasoning as well as considering the law laid down by Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, the order dated 13.8.2021 is made final and the interim anticipatory bail, granted earlier, is being extended till filing of Police Report under Section 173(2) Cr.P.C., on previous conditions.
It is made clear that the court has not expressed any opinion on the merits of the case.
Accordingly, this application stands disposed of.
Order Date :- 27.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 09:37:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad