Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5125 of 2021 Applicant :- Vivek Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Romeshwari Prasad,Kaushalendra Nath Singh Counsel for Opposite Party :- G.A.,Shruti Malviya
Hon'ble Siddharth,J.
Heard Sri N.I. Zafri, learned Senior Counsel assisted by Sri Kaushalendra Nath Singh, learned counsel for applicant, Ms. Shruty Malviya, learned counsel for informant and learned A.G.A. for State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Vivek Srivastava, in Case Crime No.118 of 2018, under Sections- 406, 420, 467 and 468 I.P.C., Police Station- Bhelupur, District Varanasi.
The applicant has approached this Court at post cognizance stage praying for grant of anticipatory bail to the applicant when charge-sheet has been submitted against him on 19.6.2018.
Since the applicant has unsuccessfully challenged the charge- sheet before this Court by way of application under Section 482 Cr.P.C. No.5641 of 2020 and obtained 30 days time to surrender and obtain bail.
In view of paragraph-43 of the judgement of this Court dated 5.4.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2110 of 2021 (Shivam Vs. State of U.P. and another), this anticipatory bail application is not maintainable.
It is accordingly rejected.
Order Date :- 5.4.2021 Anil K. Sharma