Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 284 of 2021 Applicant :- Gaurav Srivastava Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Nikhil Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Interim anticipatory bail to applicant was granted by co- ordinate Bench of this Court, vide order dated 12.1.2021.
As per provision of Section 438 Cr.P.C., anticipatory bail application is to be decided within one month from the grant of interim anticipatory bail, under sub-Section 1 of Section 438 Cr.P.C. and as per sub-Section 3 of Section 438 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 and it was complied with. As per sub-section 5 of Section 438 Cr.P.C., the High Court or Court of Session, as the case may be, shall finally dispose off the application for grant of anticipatory bail application under sub-section 1 of Section 438 Cr.P.C. within 30 days but in spite of grant of ad interim order on 12.1.2021 and service of notice, neither counter affidavit was filed nor any opposition is there.
Accordingly, on the basis of reasoning written in the interim order dated 12.1.2021 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 12.1.2021 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. or cognizance taken by Magistrate, on previous conditions.
It is made clear that the court has not expressed any opinion on the merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 09:37:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad