Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the charge-sheet or a report seeking extension of time by the prosecution before the court; or filing of the charge-sheet during the interregnum when challenge to the rejection of the bail application is pending before a higher court.

JUDGMENT :

1. The instant application under Section 482 of the Code of Criminal Procedure (in short "Cr.P.C.") has been filed for quashing the impugned order dated 13.7.2021 passed by Chief Judicial Magistrate, Allahabad, whereby the said court rejected the application under Section 167(2) of Cr.P.C. and enlarge on bail to the applicant under Sections 302, 307, 504 of The Indian Penal Code (hereinafter referred to "IPC") and Section 7 Criminal Law Amendment Act, under Section 167(2) of Cr.P.C.

2. The applicant has filed an application for release on default bail on 7.7.2021 under proviso to Section 167(2) of Cr.P.C. before the Chief Judicial Magistrate, Allahabad, alleging that non-filing of charge-sheet within 90 days, the applicant/accused to be released on bail under Sections 302, 307, 504 under proviso to Section 167(2) of Cr.P.C.

BRIEF FACTS OF THE CASE:

3. The Prosecution case, in brief is that the First Information Report dated 15.02.2021, has been registered against the applicant under Section 302, 307, 504 of IPC and Section 7 of the Criminal Law (Amendment) Act, 1932 stating therein that on 15.02.2021, at about 12:00 noon, applicant came by his motorcycle bearing registration no. U.P. -70 FC 3683 (Bajaj Pulsar Blue and Black) to the betel shop of the first informant, which had been opened by the son of the first informant Shobhit @ Bholu at 10:00 A.M. and he was working at his shop, which is situated at Bajrang crossing Allahpur, Police Station -George Town, District Prayagraj. All of sudden, the applicant abuses his son, when his son Shobhit @ Bholu, Satyam, and Raju Kesarwani, who were present there obstructed the applicant, then the applicant shot fired by his revolver to his son and the fired shot hit on his stomach and the second fire made by the applicant hit Satyam and he has also injured, after that, the applicant fled away from the incident place after firing in the air. Raju Kesarwani informed the first informant, the first informant took Shobhit and Satyam to the Swarup Rani Nehru Hospital, Prayagraj and on the way, Shobhit @ Bholu has died and the treatment of Satyam is going on.

4. The applicant Prateek Shukla was produced before the Chief Judicial Magistrate, Allahabad on 16.2.2021 in connection with Crime No. 60 of 2021 registered at P.S. George Town, Prayagraj, relating to the offences punishable under Sections 302, 307, 504 I.P.C., and Section 7 of the Criminal Law (Amendment) Act. He was remanded to judicial custody till 17.5.2021. His remand was extended under Section 167 of the Code from time to time, and the last remand under the said provision was granted till 17.5.2021. On 17.5.2021, Police Report under Section 173(2) of the Code had been submitted by the Investigating Officer before the concerned Magistrate and cognizance has been taken by the concerned Magistrate. On 7.7.2021, the applicant moved an application under Section 167 (2) read with Section 209 of Cr.P.C. for setting aside the order dated 17.5.2021 before the Chief Judicial Magistrate, Allahabad, and seeking bail on the ground that he was entitled to be released on bail under Section 167(2) of the Code.

5. On 13.7.2021, the aforesaid application has been rejected by the Chief Judicial Magistrate and the case was committed to the Court of Sessions Judge, which is pending in the court of Additional Sessions Judge Court No. 16 Allahabad. Hence, the instant application has been filed to set aside the order dated 13.7.2021 passed by the Chief Judicial Magistrate and release the applicant under Section 167(2) of the Code.

6. Heard, Sri Prem Prakash Yadav, learned Senior Counsel assisted by Sri Hemant Kumar Srivastava for the applicant, learned counsel for the opp. party no. 2 Sri Nirbhay Singh and Sri Manoj Kumar Dwivedi learned A.G.A. for the State and perused the material on record.

SUBMISSIONS OF THE PARTIES:

7. Learned counsel for the ap