Court No. - 34
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10639 of 2021 Applicant :- Kapil Muni Karwariya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Chandra Dwivedi,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in Case Crime No. 448 of 2019, under Sections 13(1)D / 13(2) of Prevention of Corruption Act and Section 120-B IPC, Police Station Manjhanpur, District Kaushambi.
This application for anticipatory bail is misconceived for more than one reason. Firstly the applicant is already in custody in connection with other criminal cases in which he stands named as an accused. There is thus a complete lack of foundation in respect of what may be termed as an apprehension of arrest.
The paperbook further bears out that by an order dated 13 May 2021 passed in Criminal Appeal No. 21 of 2020, the applicant has been released on short term bail for the period 13 May 2021 to 05 June 2021. The submission which was addressed before this Court was that despite that order, the jail authorities are not releasing the applicant on account of pendency of the matter which forms subject matter of the present application and it is in view of the aforesaid that the present petition has been filed.
It becomes pertinent to note that the instant application relates to a crime which was registered in 2019. It is also admitted to the applicant that till date no regular bail was either sought or applied for in respect of this case. In any case if a direction for short term bail passed by the Court is not being complied with, the remedy of the applicant clearly lies elsewhere. That cannot possibly constitute a ground for according anticipatory bail to the applicant.
The application fails and is rejected.
Order Date :- 17.5.2021 faraz Digitally signed by Justice Yashwant Varma Date: 2021.05.17 16:11:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad