Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8725 of 2021 Applicant :- Mohd. Salim Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Chandan Sharma, learned counsel for the applicant, Sri Ved Kant Mishralearned counsel for the informant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Mohd. Salim Ansari, seeking anticipatory bail in Case Crime No. 3003 of 2019, under Sections - 323, 392, 504, 506 I.P.C., Police Station - Kydganj, District - Prayagraj, during pendency of trial.
3. At the outset, an objection has been raised by learned counsel for the informant that before filing present anticipatory bail application the applicant had also filed application u/s 482 Cr.P.C. No.10447 of 2020, which was disposed of vide order dated 28.7.2020, requiring the applicant to surrender before the learned Court below. The applicant did not comply with that order but sought extension of time which was granted on 23.11.2020.
4. Instead of complying with the aforesaid order, the present application has been filed relying upon some medical condition of the applicant.
5. Correctness of all the pleas now setup apart, once this Court has in exercise of its inherent jurisdiction required the applicant to appear before the learned Court below, no room survives for exercise of discretion to grant anticipatory bail.
6. Accordingly, the present anticipatory bail application is dismissed.
Order Date :- 7.4.2021 A.Dewal