Adil vs State Of U.P. on 8 December, 2020
11. After considering the rival contentions this court finds that the Apex Court in the case of Bharat Chaudhary and Another vs. State of U.P. and Another (Supra) has considered the judgment of Salauddin Abdul Samad Shaikh (supra) and has held that it does not imposes any restriction or absolute bar on the court granting anticipatory bail even in cases where either cognizance has been taken or a charge sheet has been filed. The Apex Court has found that it only lays down a guideline that while considering prima facie case against an accused, the factum of cognizance having been taken and filing of charge sheet would be of some assistance for coming to the conclusion whether the accused is entitled for anticipatory bail or not.