Citation : 2021 Latest Caselaw 2003 ALL
Judgement Date : 3 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2122 of 2021 Applicant :- Vinay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Vinay Kumar, with a prayer to release him on bail in Case Crime No. 602 of 2018, under Sections- 325, 313 I.P.C., Police Station- Kotwali, District- Etawah, during pendency of trial.
After hearing counsel for the applicant and learned A.G.A that this court feels that applicant has approached this Court after submission of charge sheet against him relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and judgment of this Court of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No.8285 of 2020.
Learned counsel for the applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant hence he is entitled to be enlarged on bail till conclusion of trial.
After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.
No ground for granting anticipatory bail has been made out by the applicant.
The anticipatory bail application is rejected.
Order Date :- 3.2.2021
SS
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