Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 463 of 2021 Applicant :- Vimal Kumar Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil 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.
It is submitted by the learned counsel for the applicant that anticipatory bail granted to co-accused Ram Dular Rai has been confirmed vide order dated 22.3.2021. Applicant has not misused the interim protection granted to him. It is further submitted that charge sheet has not been filed in the matter till today. 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 19.2.2021 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 19.2.2021 is confirmed and made absolute.
Order Date :- 5.4.2021 safi