In Chamber

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 12473 of 2021

Applicant :- Brijesh Kumar Sharma

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajay Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant and learned A.G.A and

perused the record.

The instant application is being moved by the applicant namely,

Brijesh Kumar Sharma invoking the powers of Section 438

Cr.P.C. that he has every reason to believe that he may be

arrested on the accusation of having committed a non-bailable

offence in connection with Case Crime no. 1188 of 2018, under

Sections 447, 295, 297, 504, 506 I.P.C., Police Station-

Jagdishpura, District- Agra.

From the record, it is evident that the applicant has approached

this Court after getting his anticipatory bail rejected from the

court of sessions vide order dated 12.05.2021.

It is submitted by learned counsel for the applicant that the

applicant is only a marginal witness of the incident. It is further

submitted that on the earlier occasion the applicant has

approached this Court by means of Criminal Writ Petition No.

37628 of 2018 and the Division Bench of this Court vide order

dated 20.12.20218 has protected the interest of the applicant till

submission of chargesheet and the chargesheet was submitted

on 21.02.2019 and the cognizance has been taken on

05.02.2021 by Additional Chief Judicial Magistrate, Court No.

7, Agra. Thereafter, the applicant has filed an anticipatory bail

application before the Additional Chief Judicial Magistarte,

Court no. 1, Agra which was rejected on 12.05.2021 by the

court concerned. Thereafter, challenging the order 12.05.2021

passed by the court concerned, the applicant has approached

this court by means of Application U/s 482 No. 13560 of 2019

and the said 482 Application was rejected without granting any

protection. As a second round, the applicant has approached this

Court by filing the present anticipatory bail application u/s 438

Cr.P.C. with a prayer to protect his interest.

Since, the applicant has already been approached this Court by

means of an application u/s 482 Cr.P.C., challenging the charge

sheet, and thus, in the light of the judgment of Hon'ble Apex

Court in the case of Shivam Vs. State of U.P., I am not inclined

to grant indulgence in favour of the applicant.

However, considering the submissions made by learned counsel

for the applicant, the applicant is directed to approach the court

concerned on or before 20.10.2021 and apply for regular bail,

the same shall be heard and decided by the court below in view

of the settled law laid by the Seven Judges' decision of this

Court in the case of Amrawati and another Vs. State of U.P.

reported in 2005 Cr.L.J. 755 as well as judgement passed by

Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra

Pratap Singh Vs. State of U.P.. Till 20.10.2021 or date of

surrender which ever is earlier, the applicant shall not be

arrested in the aforesaid case crime.

With this observation, the present anticipatory bail application

stands disposed of.

Order Date :- 22.9.2021

Nisha

Digitally signed by RAHUL

CHATURVEDI

Date: 2021.09.25 15:39:19 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad