Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8706 of 2021 Applicant :- Shareef Qureshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Shareef Qureshi, seeking anticipatory bail in Case Crime No. 365 of 2007, under Section - 364 I.P.C., Police Station - Muradnagar, District - Ghaziabad, during pendency of trial.
3. Undisputedly, the applicant had earlier approached this Court by means of an Application U/S 482 No. 4521 of 2009 (Nafeesh Qureshi & Ors. Vs. State of U.P. & Anr.). Insofar as the aforesaid proceedings had been instituted by the applicant, the same was disposed of by the following observation:
"However, the applicants are directed to appear and surrender before the court below and apply for bail within a period of thirty days from today, the prayer for bail shall be considered expeditiously in accordance with law after hearing the Public Prosecutor."
4. Since the applicant was required to surrender before the learned court below and apply for regular bail, there survives no room to exercise discretion for grant of anticipatory bail at this belated stage.
5. For this technical reason, the present application is not being entertained. However, it is expected upon the applicant seeking regular bail, the same may be considered in view of further submission that the main accused has already been enlarged on bail and a compromise has also entered into between the parties.
6. Accordingly, the present anticipatory bail application is rejected with the aforesaid observation.
Order Date :- 7.4.2021 Abhilash