Mohinder Sharma vs State Of U.P And Another
2022 Latest Caselaw 4089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3840 of 2022
 

 
Applicant :- Mohinder Sharma
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Mithilesh Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri M.K. Shukla, learned counsel for applicant and learned A.G.A. for State.

2. Applicants-Mohinder Sharma has approached this Court by way of filing this Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C., after rejection of his anticipatory bail application vide order dated 22.04.2022 passed by Additional District and Sessions Judge, Court No. 12, Kanpur Nagar, seeking Anticipatory Bail in Case Crime No. 205 of 2021, under Section 120B IPC, Police Station Kakadev, District Kanpur Nagar.

3. Learned counsel for applicant submits that applicant was initially granted bail in the same case, i.e., Case Crime No. 205 of 2021, under Sections 419, 420, 467, 468 IPC vide order dated 28.10.2021 passed in Criminal Misc. Bail Application No. 43345 of 2021. Learned counsel further submits that during investigation offence under Section 120-B IPC has also been added. Thereafter applicant filed anticipatory bail application before Trial Court which was rejected and in these circumstances applicant is before this Court seeking anticipatory bail. Learned counsel submits that since applicant has already granted bail in the same case crime number, therefore, there is no requirement to sent him again in jail and Trial Court can take fresh bail bond in the added Section also. In this regard he relied on a judgment passed by Supreme Court in Manoj Suresh Jadhav and others vs. State Maharashtra, 2018 0 Supreme (SC) 1315.

4. Learned A.G.A. appearing for State has opposed the above submissions and submits that there are serious allegations against applicant.

5. Considering the submissions of rival parties and, that, applicant has already granted bail under the offences referred initially in the FIR and he is seeking anticipatory bail due to subsequent event of adding of Section 120-B IPC, therefore, this application is disposed of with the direction, that, in case applicant surrenders and file appropriate application within a period of seven days from today, the Trial Court shall pass appropriate order taking note of the fact that applicant has already been granted bail in the earlier Sections mentioned in FIR and he is seeking bail only in added Section, i.e., Section 120-B IPC, as also considering the judgment passed by Supreme Court in Manoj Suresh Jadhav (supra).

Order Date :- 25.5.2022

AK