Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19953 of 2021 Applicant :- Mukesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant-Mukesh Kumar, in Case Crime No. 572 of 2019, under Sections-420, 467, 468, 471 and 120-B I.P.C. Police Station-Jahangirabad, District-Bulandshahr.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been given protection, by this Court in a Criminal Writ, till submission of Police Report under Section 173 (2) Cr.P.C. and now charge sheet has been filed and there is apprehension of arrest of applicant by police; hence anticipatory bail application was moved before court concerned, but it was rejected, summarily, hence this application for anticipatory bail with above prayer.
Learned AGA has vehemently opposed with this contention that in this very case crime number charge sheet has already been filed; cognizance has been taken by the Magistrate, concerned, now process of appearance has been issued and applicant is to appear before the Court concerned; there is no apprehension of arrest by police except in execution of process issued by the Court as well as in view of law laid down by Hon'ble Supreme Court in Prem Shankar Prasad vs. State of Bihar and another, reported in LL2021 SC 579 and in Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, the applicant is to appear before the Court concerned.
Having heard and gone through material placed on record, it reveals that in this very case crime number the writ Court, after hearing the applicant, have not stayed the process, otherwise than, protection has been granted, till submission of police Report, under Section 173 (2) Cr.P.C. police report has been filed, wherein, cognizance has been taken, now process for appearance has been issued by the Court concerned and the applicant is to appear before the Court concerned; there is no apprehension of arrest by police in this very case crime number except in execution of process of Court.
Considering all those facts and circumstances of the case and law laid down by the Hon'ble Apex Court in the Case of Prem Shankar Prasad vs. State of Bihar and another, reported in LL2021 SC 579 and in Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, no indulgence for grant of anticipatory bail is made out.
Accordingly, this anticipatory bail application is rejected.
Order Date :- 22.12.2021 Deepak/