Court No. - 51
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15406 of 2021 Applicant :- Shariq Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Vinod Kumar Yadav, learned counsel for the applicant as well as the learned AGA and perused the record.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Shariq in Case Crime No. 184 of 2018, under Sections 332, 353, 379, 411, 307 IPC and Section 4/21 Mining Act, Police Station -Swar, District - Rampur.
It is submitted by the learned counsel for the applicant that the applicant is innocent. It is further argued that the applicant has no concern with the present matter. Entire allegations levelled against the applicant are false. Learned counsel appearing for the applicant referred to the documents annexed with the bail application and further argued that the applicant has not created any obstruction to the police concerned. Summon issued in the matter was not served upon the applicant. Process of bailable warrant was issued illegally without following due process of law. In the circumstances, prayed for anticipatory bail.
Learned A.G.A. argued that charge sheet has been submitted in the matter. Cognizance has been taken. Thereafter summons were issued. Applicant did not co-operate with the trial court. Thereafter process of bailable warrant is continuing since 16.10.2019 till today. Thus, conduct of the applicant shows that he is not co-operating with the Investigating Officer as well as trial court. Learned A.G.A. has placed reliance on judgment of the Apex Court dated 21.10.2021 passed in Criminal Appeal No. 1209 of 2021 (Prem Shankar Prasad Vs. State of Bihar and another).
I have considered the rival submissions and have gone through the entire record.
Having regard to the facts and circumstances of the case and the conduct of the applicant which is evident from the order sheet annexed with the supplementary affidavit, applicant is not appearing before the trial court, bailable warrant has been issued against him since 16.10.2019, thus, keeping in view the law laid down in Prem Shankar Prasad case (Supra), It is not a fit case for anticipatory bail.
Anticipatory Bail Application is hereby rejected.
Order Date :- 25.10.2021 Sachdeva