Pankaj Jaat v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12914 of 2023 Applicant :- Pankaj Jaat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Pankaj Jaat in Case Crime No. 155 of 2021, under Sections 498-A, 323, 504, 506 I.P.C., 3/4 Dowry Prohibition Act, Police Station - Baldev, District - Mathura.

¶2Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

¶3At the very outset, the attention of the Court is drawn to the fact that the applicant surrendered before the Court concerned and applied for bail and an interim bail was granted to him vide order dated 24.5.2022, which was continued for a few days, however, subsequently, when he did not appear before the Court concerned, the Court concerned rejected the said application vide order dated

14.6.2022. Hence, it is apparent that the case wherein the applicant is praying for anticipatory bail, is running before the trial court and the present applicant has already surrendered and has been taken into custody by the Court concerned. It is settled legal position that the anticipatory bail application will not be maintainable in case a person is in custody in the same offence for which pre - arrest bail is sought. Hence, the present anticipatory bail application is not maintainable and the same is rejected accordingly. Order Date :- 23.11.2023 safi High Court of Judicature at Allahabad