Allahabad High Court
Chhabiley Alias Sshafeel Ahmad And 4 ... vs State Of U.P. And Another on 6 August, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11594 of 2021 Applicant :- Chhabiley Alias Sshafeel Ahmad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammed Iftekhar,Mohammad Hisham Qadeer Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed on behalf of the applicants seeking anticipatory bail in pursuance of cognizance and summoning order dated 20.11.2020, passed by the Special Judge (SC/ST Act), Allahabad as well as charge sheet dated 17.09.2020, bearing charge sheet no. 597 of 2020, registered as Special Session Trial No. 170 of 2020 (State vs. Sunil Saroj and others), arising out of Case Crime No. 284 of 2020, under Sections - 147, 149, 323, 504, 506, 308 I.P.C. and Section - 3(2)(Va) of Schedule Caste & Schedule Tribes (Prevention of Atrocities Act), Police Station - Nawabganj, District - Prayagraj.
Upon consideration of the various aspects of this case as well as material brought on record, it is obvious that after investigation, charge-sheet has been filed against the applicants. Though, in the law propounded by the Hon'ble Apex, there is no hard and fast rule that after filing of the charge-sheet, the anticipatory bail application comes to an end provided therein no limit, while granting the anticipatory relief.
However, in this case, at the initial stage, after considering the entirety of this case as was put before this Court, anticipatory relief was granted, but that was confined only upto the stage of filing of the charge-sheet. Now, the charge-sheet has been filed against the applicants. Therefore, this Court is inclined to hear the applicant on the point of any peculiar development or circumstance so as to not participate in the proceeding of the court below. At the present stage, neither any development, nor extraordinary circumstance nor any peculiar circumstance arose, which may justify fresh consideration of extension of the interim relief under Section ? 438 Cr.P.C.
Thus, in view of above, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned and move appropriate application for bail, the same shall be considered and disposed of by the court below on the same day.
With the aforesaid observation, this application stands disposed of.
It is made clear that nothing has been observed by this Court on merits.
Order Date :- 6.8.2021 S Rawat