Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7558 of 2021 Applicant :- Smt.Pushpa Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.,Anupama Tripathi,Rakesh Kumar Tripathi
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicants, Sri Rakesh Kumar Tripathi, learned counsel for the informant and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants, Smt. Pushpa Sharma, Satish Kumar Sharma, Ankit Sharma and Smt. Sapana Mishra in criminal Case no.13189 of 2020, Case Crime No. 59 of 2019, under Sections 498-A,323,504 I.P.C. and section 3/4 Dowry Prohibition Act,1961 , Police Station - Mahila Thana, District - Moradabad.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Applicants have been implicated on account of matrimonial dispute. Applicants had earlier approached this court by way of Anticipatory Bail Application No.175 of 2021 and by the order dated 01.02.2021 they were granted protection till the cognizance is taken by the court on the police report under Section 172(2) Cr.P.C.
Learned counsel for the informant and learned AGA have pointed out that charge-sheet in this case was submitted on 21.02.2020, which was not disclosed in the first anticipatory bail application nor it has been annexed with the present anticipatory bail application. When first anticipatory bail was granted on 21.01.2021 the charge- sheet was already submitted against the applicants.
Considering the over all facts and circumstances of the case, it is not a fit case for anticipatory bail. Application is accordingly rejected.
Order Date :- 24.5.2021 SS