Court No. - 34
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10231 of 2021 Applicant :- Vinay Kumar Goel Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in respect of case crime No. 97 of 2006 under Sections 13(1)(D), 13(2) of Prevention of Corruption Act and Sections 419, 420, 120B IPC, Police Station Kotwali District Agra.
It appears that initially the FIR which had come to be lodged on 11 August 2006 was assailed by the applicant by way of Criminal Writ Petition No. 14668 of 2017. That petition which sought quashing of the FIR was dismissed by a Division Bench of the Court on 28 July 2017. The applicant challenged the aforesaid order by way of SLP(Criminal) No. 8528 of 2017. On the aforesaid SLP on 25 January 2018 an interim order was passed providing that the applicant shall not be arrested.
The aforesaid SLP came up for final disposal before the Supreme Court on 17 March 2021. The Supreme Court upon noticing that a chargesheet had in the meanwhile come to be filed, passed an order that the applicant and other petitioners must approach the trial court and move an application for discharge if so advised. It further provided that the application shall be decided on its own merits and in accordance with law. The interim protection which was accorded to the applicant initially in the Special Leave Petition was provided to continue for a period of four weeks.
It is submitted before this Court that although pursuant to that order an application for discharge has been moved before the concerned Court, the same is not being considered or decided with the Court insisting that the applicant must obtain bail before the application for discharge is entertained. However and undisputedly no such order has been passed by the concerned court. Learned counsel candidly apprises the Court that the aforesaid submission is made solely on the basis of what the local lawyer is purported to have told him. That cannot possibly constitute justification for the filing of the instant application for anticipatory bail.
Since the Court concerned is to decide the discharge application in accordance with law and the directions of the Supreme Court, the Court finds no ground to entertain this application for anticipatory bail which shall stand dismissed.
Order Date :- 20.5.2021 faraz Digitally signed by Justice Yashwant Varma Date: 2021.05.21 12:10:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad