Meeraj Alias Meeraj Hussain vs State Of U.P. Thru. The Prin. Secy. ...
2022 Latest Caselaw 19309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2008 of 2022
 

 
Applicant :- Meeraj Alias Meeraj Hussain
 
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Lko.And 2 Others
 
Counsel for Applicant :- Sheikh Wali Uz Zaman
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 13.12.2021 passed by learned Additional Sessions Judge, Sitapur, seeking Anticipatory Bail in case crime no. 387 of 2021, under section 376, 504 and 506 IPC, Police Station Misrikh, District Sitapur.

On the matter being taken up, learned A.G.A. has pointed out that the anticipatory bail application of the applicant was rejected by the concerned court below vide order dated 13.12.2021. Thereafter, the applicant along with others preferred a Criminal Misc. Anticipatory Bail Application No. 15279 of 2021 in which interim anticipatory bail was granted to the applicant on 23.12.2021 but later on the said application was disposed of vide order dated 29.09.2022 under the impression that charge-sheet has not been filed against the applicants and the investigation is going on whereas the said fact is incorrect because the charge-sheet in this case has already been filed on 16.05.2022 but this fact was not brought to the knowledge of the Court by learned counsel appearing in the said case. Thereafter, the instant second anticipatory bail application has been moved by the applicant directly before this Court which cannot be entertained in view of the judgment of Larger Bench consisting five Judges of this Court in the case of Ankit Bharti and others vs. State of U.P. and Another 2020 (3) A.D.J. 575 (F.B.).

In reply, learned counsel for the applicant does not dispute the aforesaid factual aspects of the matter as pointed out by learned A.G.A. He further submits that he may be allowed to withdraw this application with liberty to approach the concerned court below.

In view of the statement made by Mr. Sheikh Wali Uz Zaman, learned counsel for the applicant at the Bar, the instant anticipatory bail application is dismissed as withdrawn with the aforesaid liberty.

Order Date :- 1.12.2022

saurabh