Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6672 of 2021 Applicant :- Prakash Kanaujia Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Agnivesh,Jadu Nandan Yadav
Hon'ble Siddharth,J.
Order on Criminal Misc. Correction Application No. 3 of 2021
This correction application has been filed praying for deleting paragraph 7 in the order dated 12.04.2021 whereby the applicant was granted anticipatory bail till submission of police report u/s 173(2) Cr.P.C.
Counsel for the applicant has submitted that the aforesaid paragraph has wrongly been typed since charge sheet has already been filed against the applicant.
This order was passed on 12.04.2021 and correction application has been filed on 19.08.2021. This mistake was discovered by counsel for the applicant after about four months. At the time of passing of the order, the above fact of filing of charge sheet was not pointed out before the Court.
Accordingly, the order dated 12.04.2021 passed by this Court in the above anticipatory bail application is recalled and the same is dismissed.
Counsel for the applicant prays that the applicant may be permitted to file fresh anticipatory bail application since from the evidence collected by the Investigating Officer in support of the charge sheet, no case is made out against him.
It is open for the applicant to file fresh anticipatory bail application annexing therewith the evidence collected by the Investigating Office, but it shall not be treated as tied-up to this Court.
Order Date :- 24.9.2021 Rohit