Court No. - 66
Case :- APPLICATION U/S 482 No. - 42792 of 2019 Applicant :- Sahana Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and learned AGA.
The present application u/s 482 Cr.P.C. has been filed for setting aside the order dated 1.11.2019 in Anticipatory Bail Application no. 651 of 2019 whereby Addl. Session Judge, Court no. 3, Gautam Budh Nagar has passed the order granting interim bail exercising power u/s 438(2) Cr.P.C.
Learned counsel has assailed the said order on the ground that infact without application of mind order was passed on 1.11.2019. The opposite party no. 2 has misused the liberty of interim anticipatory bail and therefore, the Court should set aside the impugned order.
In my opinion only interim bail has been granted, final order is yet to be passed and if the applicant has any genuine grouse by the order of the trial court that he has misused the condition of interim anticipatory bail, he will be at liberty to make an application for cancellation of interim bail which shall be decided by the court concerned in accordance with law.
With the aforesaid observations, the present application is disposed of.
Order Date :- 26.11.2019 Dhirendra/