Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4877 of 2021 Applicant :- Sarfraj @ Sappo Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Criminal Misc. Modification Application No.3 of 2021.
By the order dated 01.03.2021 the case of the applicant was not found entitled for grant of anticipatory bail. However, the applicant was granted 60 days time to appear and surrender before the court below and apply for bail in Case Crime No. 1050 of 2019, under Sections- 147, 148, 149, 307, 332, 353, 188 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Muradnagar, District- Ghaziabad. The applicant has not complied with the order and has filed this modification application dated 15.09.2011.
Learned counsel for the applicant has submitted that the co- accused, Rizwan @ Sonu, was granted anticipatory bail till submission of police report under Section 173(2) Cr.P.C vide Anticipatory Bail Application No.6915 of 2020, hence applicant may also be granted the same relief.
When the aforesaid anticipatory bail was argued the order of co- accused was not brought to the notice of the court. The applicant has not complied the order dated 01.03.2021 even after expiry of 60 days provided therein.
The order dated 01.03.2021 is recalled.
The modification application and the anticipatory bail application are rejected.
The Senior Superintendent of Police, Ghazaibad and C.J.M., Ghaziabad are directed to be informed by Registrar (Compliance) about this order passed today.
Order Date :- 27.9.2021 SS