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2021 Supreme(UK) 604

SHARAD KUMAR SHARMA
Krishna Shamsher Jb Rana – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Ms. Samridhi Arora, Advocate, for the Appellant; Ms. Mamta Joshi, Brief Holder, for the Respondent.

JUDGMENT

Sharad Kumar Sharma, J. (Oral). - The brief facts as are reflected from the record are that the applicant had earlier submitted a bail application before this Court, who is an accused for commission of offence under Sections 419, 420, 467, 468 and 471 IPC, which has been registered against him as Case Crime No. 145 of 2018 at PS Raiwala, District Dehradun on 03.09.2018.

2. After his arrest and as per the legal advice extended to the applicant, he had earlier approached to the learned Sessions Judge, Dehradun, by filing an Anticipatory Bail Application No. 1213 of 2018, Krishna Shamsher Jang Bahadur Rana vs. State. The said Anticipatory Bail Application, was later rejected by an order of 04.02.2019 by the Sessions Court. The reason for rejecting the Anticipatory Bail Application has been assigned by the learned Sessions Judge in his order of 04.02.2019 as contained in its paras 6 and 7, it was because of the fact that at that relevant point of time, when the Anticipatory Bail Application, was filed, the provisions of Section 438 Cr.PC., were not made applicable in the State of Uttarakhand, even, as per the provisions of Reorganization Act, because it was not a provision in vo

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