Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12921 of 2021 Applicant :- Sharafat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Syed Shahnawaz Shah, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant, Ali Hasan is seeking his anticipatory bail in Case Crime No.558 of 2019, under Sections 498A, 323, 324, 506 IPC and Section 3/4 D.P.Act, Police Station-Chandpur, District-Bijnor.
From the record, it is evident that the applicant has approached this Court after getting her anticipatory bail rejected from the Court of Session vide order dated 03.03.2021.
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.
Contention raised by the applicant that Smt. Samreen Naaz has lodged the FIR under the aforesaid Sections of the IPC on 09.08.2019 against six named accused persons with the usual allegation of dowry demand with the additional allegation of sodomy and assault by lathi, danda and knife. The injury report shows that Samreen Naaz, informant has received six injuries over her person including the incised wound on the left side of chest measuring 2.5cm x 0.5cm having a clear cut margin. As per the opinion of the doctor injury no.1 is caused by sharp edged object and injuries no. 2 to 6 are caused by hard and blunt object.
After thrashing the evidence, the police has submitted charge sheet on 13.01.2020 and learned Magistrate has taken cognizance of the offence on 15.02.2020 thereafter there were uncertainty on Corona Pandemic, the applicant approach this Court by way of application under Section 438 Cr.P.C..
Under the circumstances, I am no inclined to exercise power under Section 438 Cr.P.C. in favour the applicant. Accordingly, the case for anticipatory bail for the applicant is no more survives and accordingly, the prayer bail application is hereby REJECTED.
However, if at all the applicant legally advised, he may ventilate his cause before appropriate Court. However, it is also open for the applicant to surrender before court concerned and apply for bail, it is expected from the court concerned to deal and decide the bail application of the applicant as expeditiously as possible strictly in accordance with law.
With the aforesaid observation, the present anticipatory bail application is disposed of. Order Date :- 28.7.2021 Abhishek Sri.