Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9787 of 2020 Applicant :- Vikas Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite opportunity having been given counter affidavit has not been filed in the matter as yet.
Heard learned counsel appearing for the applicant as well as learned A.G.A. appearing for the State and perused the record.
Submission of learned counsel for the applicant is that interim protection was granted to the applicant on 04.01.2021. Nothing incriminating material has been produced on the part of the State to recall the order dated 04.01.2021. No charge sheet has been submitted till today. Thus, prayer was made to confirm the order dated 04.01.2021. No prima facie case is made out against the applicant. Applicant has cooperated with the investigating agency. There is no chance of fleeing away the applicant.
Per contra, learned AGA opposed the prayer.
I have considered the submissions made by learned counsel for the parties and perused the entire record.
Since nothing incriminating material has come against the applicant to recall the order dated 04.01.2021 granting interim protection to the applicant in the anticipatory bail application, therefore, considering the entire facts and circumstances of the case and also the nature of accusation made against the applicant, the anticipatory bail application is allowed and the order dated 04.01.2021 is confirmed and made absolute.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.08 15:36:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad