Niranjan Singh And Another vs State Of U.P. And Another
2023 Latest Caselaw 27669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194374
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 32547 of 2023
 

 
Applicant :- Niranjan Singh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravindra Sharma,Lavesh Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard Sri Lavesh Sharma, learned counsel for applicants and learned A.G.A. for State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 31.07.2023 passed by ACJM-I, Agra in Case No. 452 of 2020, arising out of Case Crime No. 668 of 2019, under Sections- 307, 384, 504, 506, 452 I.P.C., Police Station- Etmadaula, District- Agra.

3. Learned counsel for the applicants submitted that an F.I.R. has been lodged against applicants. Against the said F.I.R., applicants have approached this Court by filing Criminal Misc. Bail Application No. 39331 of 2019, in which, this Court vide order dated 26.09.2019 has granted anticipatory bail to the applicants with condition that they shall co-operate to the Court for trial as the case may be. Now, trial has commenced and applicants have also appeared on the date fixed, but bailable warrant has been issued against the applicants on the ground that earlier anticipatory bail order was only up to submission of charge sheet. First of all, there is no such condition imposed in anticipatory bail order and further in the light of judgment of Apex Court passed in Sushila Aggarwal vs. State (NCT Delhi); 2020 5 SCC 1, once anticipatory bail is granted, same shall continue till the disposal of trial, therefore, under such facts, order impugned is bad and liable to be set aside.

4. Learned A.G.A. though opposed, but could not dispute the aforesaid facts.

5. I have considered rival submissions made by counsel for parties and perused the records.

6. From the perusal of anticipatory bail order dated 26.09.2019 passed in Criminal Misc. Bail Application No. 39331 of 2019, it is absolutely clear that order is having no such condition. Further, in the light of Sushila Aggarwal(Supra), there is no requirement for the applicants to obtain bail

7. However, applicants are required to appear before the trial Court on the date fixed, failing which, it is open for the trial Court to pass necessary order under the provisions of Cr.P.C. for ensuring their presence before the Court.

8. With the aforesaid observations, instant 482 application is disposed of.

Order Date :- 9.10.2023

Sartaj