Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8581 of 2021 Applicant :- Dharmendra Kumar Pandey @ Dharmendra Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Narain Rai Counsel for Opposite Party :- G.A.,Sandeep Pandey
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application of the anticipatory bail given by the applicant Dharmendra Kumar Pandey @ Dharmendra Pandey, in Case Crime No. 0010 of 2021, under Sections 302, 120-B I.P.C., P.S.Sahatwar, District Ballia.
Learned A.G.A. has put-forward the preliminary objection that for the offence under Section 302 IPC anticipatory bail application is not maintainable and is barred under Section 438(6) Cr.P.C.
The submission of learned counsel for the applicant is that on the date of incident the applicant was on duty in Arunachal Pradesh. He has however raised to the applicant to the effect that and order for considering regular bail application on the same day may be passed.
In view of the above, the anticipatory bail application is rejected.
A direction is however given to the court below that in case applicant surrenders and give bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 30.7.2021 Mini