Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14121 of 2021 Applicant :- Krishna Kumar and others Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Vinod Kumar Kushwaha
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application moved under Section 438 of Cr.P.C., by applicants namely, Krishna Kumar, Neeraj Maurya, Yogendra, Ashish, Prakash Maurya @ Ram Prakash and Ujagar Maurya, in Case Crime No. 85 of 2021, under Sections 147, 148, 149, 307, 308, 323, 504, 506, 427, 452, 336, 325 IPC, Police Station- Sultanpur Ghosh, District- Fatehpur.
Co-ordinate Bench of this Court, vide order dated 30.7.2021, has granted interim anticipatory bail to applicants, till submission of police report under Section 173(2) Cr.P.C., with a direction to Investigating Officer or authority concerned to ensure to take all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude it within a maximum period of 90 days and this application was scheduled for hearing after two months, before the appropriate Bench.
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 of 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, Court has granted ad interim order relief with a direction for submission of charge-sheet and conclusion of investigation within 90 days. This interim anticipatory bail was granted till submission of police report under Section 173(2) of Cr.P.C. Meaning thereby, date was fixed after two months for final disposal of this anticipatory bail application, which is contrary to sub-section 5 of Section 438 of Cr.P.C., written as above.
The ground given by Court in grant of interim anticipatory bail order has not been shown to be rebutted by learned A.G.A., hence, on the basis of reasoning written in the interim order dated 30.7.2021 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 30.7.2021 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.
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 :- 29.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 17:20:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad