In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12473 of 2021 Applicant :- Brijesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A and perused the record.
The instant application is being moved by the applicant namely, Brijesh Kumar Sharma invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 1188 of 2018, under Sections 447, 295, 297, 504, 506 I.P.C., Police Station- Jagdishpura, District- Agra.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected from the court of sessions vide order dated 12.05.2021.
It is submitted by learned counsel for the applicant that the applicant is only a marginal witness of the incident. It is further submitted that on the earlier occasion the applicant has approached this Court by means of Criminal Writ Petition No. 37628 of 2018 and the Division Bench of this Court vide order dated 20.12.20218 has protected the interest of the applicant till submission of chargesheet and the chargesheet was submitted on 21.02.2019 and the cognizance has been taken on 05.02.2021 by Additional Chief Judicial Magistrate, Court No. 7, Agra. Thereafter, the applicant has filed an anticipatory bail application before the Additional Chief Judicial Magistarte, Court no. 1, Agra which was rejected on 12.05.2021 by the court concerned. Thereafter, challenging the order 12.05.2021 passed by the court concerned, the applicant has approached this court by means of Application U/s 482 No. 13560 of 2019 and the said 482 Application was rejected without granting any protection. As a second round, the applicant has approached this Court by filing the present anticipatory bail application u/s 438 Cr.P.C. with a prayer to protect his interest.
Since, the applicant has already been approached this Court by means of an application u/s 482 Cr.P.C., challenging the charge sheet, and thus, in the light of the judgment of Hon'ble Apex Court in the case of Shivam Vs. State of U.P., I am not inclined to grant indulgence in favour of the applicant.
However, considering the submissions made by learned counsel for the applicant, the applicant is directed to approach the court concerned on or before 20.10.2021 and apply for regular bail, the same shall be heard and decided by the court below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.. Till 20.10.2021 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 :- 22.9.2021 Nisha Digitally signed by RAHUL CHATURVEDI Date: 2021.09.25 15:39:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad