Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14049 of 2021 Applicant :- Laxmi@ Laxmi Rani And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in Case Crime No.742 of 2019, under Sections 500, 384 I.P.C. and Section 66-C of I.T. Act, 1955, Police Station-Civil Lines, District-Moradabad.
It has been submitted by the learned A.G.A. that the police has submitted charge sheet in the matter on 21.5.2021 and the Court has taken cognizance of those offences levelled against the applicants.
Charge sheet has been submitted and the cognizance has been taken upon the same. Now the sufficiency or insufficiency of the material collected against the accused cannot be adjudicated in the exercise of power u/s 438 Cr.P.C. After the submission of charge sheet and cognizance order the status of accused got changed, keeping in view the material collected against them during the investigation.
Under circumstances, I am not inclined to exercise the power u/s 438 Cr.P.C., and accordingly, the present anticipatory bail application stands REJECTED.
If so advised, the applicants may ventilate their grievance under proper jurisdiction before appropriate forum in accordance with law.
Order Date :- 30.9.2021 M. Kumar