Allahabad High Court
Bhupender Sharma vs State Of U.P. And Another on 11 May, 2022
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1202 of 2022 Applicant :- Bhupender Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imran Ullah,Vineet Vikram Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Shri Gyan Prakash, Sr. Advocate assisted by Shri Sanjay Kumar Yadav, learned counsel for the CBI.
Learned counsel for the applicant has filed an order dated 04.05.2022 passed by Hon'ble Apex Court today in Court, which is taken on record and shall form part of this anticipatory bail application.
Learned counsel for the applicant has brought on record an order dated 04.05.2022 passed by Hon'ble Apex Court in Criminal Appeal No. 731 of 2022 (Anil Kumar Rawat Vs. Central Bureau of Investigation), wherein it has been observed that :-
"We had restrained the arrest on the continued assurance of cooperation in investigation as the appellants had joined investigation and no need was ever felt to take them into custody. The position, in any case now, stands enunciated in the reportable order of this Court dated 16.08.2021 in Criminal Appeal No. 838 of 2021 titled "Siddharth Vs. The State of Uttar Pradesh and another", that a person need not be produced in custody on charge-sheet being filed.
In view of the aforesaid, in the event of arrest, the appellants be admitted to bail on terms and conditions to the satisfaction of the trial court.
Criminal appeals stand disposed of."
Learned counsel for the applicant has next submitted that present applicant is the co-accused of the said case and stands on the same footing.
In view of the aforesaid order, in case the applicant is arrested, he be released on bail on terms and conditions to the satisfaction of the trial court.
In view of the above, this anticipatory bail application is disposed of.
Order Date :- 11.5.2022 Nadim