ARUN KUMAR BANSAL – Appellant
Versus
State of U.P. AND ANOTHER – Respondent
ABAIL 4713/2021
['R P S CHAUHAN', 'G A', '', 'ASHOK KUMAR SINGH']
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 4713 of 2021
Applicant :- Arun Kumar Bansal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- R.P.S. Chauhan
Counsel for Opposite Party :- G.A.,Ashok Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri
Ashok Kumar Singh, learned counsel for the
informant and learned A.G.A for the State.
The instant anticipatory bail application has been
filed on behalf of the applicant, Arun Kumar
Bansal, with a prayer to release him on bail in
Case Crime No.453 of 2017(Case No. 191 of 2018),
under Sections- 420,467,468,471 IPC, Police
Station- Gandhi Park District- Aligarh, during
pendency of trial.
Applicant has approached this court after
cognizance on the charge sheet has submitted
against him.He has already challenged the charge
sheet dated 27.7.2018 in application under section
482 No. 38990 of 2018 which was disposed of
directing the applicant to move discharge
application before the court below within three
weeks,thereafter apply for bail. The bail
application was directed to be decided as per
judgement of Amrawati and another Vs. State of
U.P. reported in 2004(57),ALR-290 as well as
judgement of Apex Court in Lal Kamlendra Pratap
Singh Vs. State of U.P.,2009(3) ADJ,322(322) (SC).
Thereafter applicant moved discharge application
before the court below which was rejected by
order dated 22.11.2019. He has already
challenged the aforesaid order by filing the
application under section 482 Cr.P.c. No.8114 of
2020, which is pending.
In view of the fact that applicant has already
approached this court, application is barred by
paragraph 45 (8) of the judgement dated
05.04.2021 passed by this Court in Criminal
Misc. Anticipatory Bail Application U/S 438
Cr.P.C. No. 2110 of 2021, Shivam Vs. State of
U.P. and Another,hence this anticipatory bail
application deserves to be rejected.
It is accordingly, rejected.
Order Date :- 7.4.2021
Atul kr. sri.