Arti Gupta @ Arti Raj (Second ... vs State Of U.P. & Another
2021 Latest Caselaw 2945 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1765 of 2021
 

 
Applicant :- Arti Gupta @ Arti Raj (Second Anticipatory Bail)
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- P.K. Mishra,Vivek Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the accused-applicant as well learned Additional Government Advocate, and perused the application, including the Annexures attached therewith.

2. By means of this second application under Section 438 CrPC, the accused-applicant has sought anticipatory bail, apprehending his arrest in FIR No.0840 of 2018, under Section 306 IPC lodged at Police Station Kotwali Sadar, District Kheri.

3. The first anticipatory bail application of the accused-applicant was disposed of by this Court vide order dated 07.02.2020 passed in Bail No.205 of 2020, granting her interim protection till filing of report under Section 173(2) CrPC. The charge-sheet has been filed and, the accused-applicant has been named therein as one of the accused for commission of the aforesaid offence.

4. The learned counsel for the accused-applicant submits that in view of judgment of the Supreme Court in the case of Sushila Aggarwal Vs. State of NCT Delhi, (2020) 5 SCC 1, the life of the anticipatory bail can be till conclusion of trial and, therefore, the accused-applicant should be enlarged on anticipatory bail.

5. I have considered the submission advanced by the learned counsel for the accused-applicant and, the learned Additional Government Advocate.

6. The Supreme Court, in the aforesaid judgment, has not bound the Court, granting anticipatory bail, to enlarge every accused till conclusion of the trial. It is a discretion of the Court, which exercises the jurisdiction under Section 438 CrPC to grant anticipatory bail till conclusion of the trial or till a particular time. This Court, exercising discretion under Section 438 CrPC, granted interim protection to the accused-applicant till filing of the charge-sheet, which has now been filed.

7. In view of the above, this Court does not find any ground to entertain this second application for bail. Thus, this anticipatory bail application is hereby rejected.

[D. K. Singh,J.]

Order Date :- 23.2.2021

MVS/-