ABHISHEK SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pranjal Krishna, learned counsel for the applicant in Bail No. 5384 of 2020, Sri Sushil Kumar Singh, learned counsel for the applicant in Bail No. 5756 of 2020 and learned AGA for the State. Perused the record.

(2.) These two bail applications involve an identical question of law. In both the applications, the right of personal liberty embodied under Article 21 of the Constitution of India is pressed on the ground of default on the part of the prosecution to file the charge sheet within the statutory period as provided under Section 167(2) of Code of Criminal Procedure (Cr.P.C.).

(3.) Learned counsel for the applicants would contend that personal liberty of a citizen is fundamental and the same cannot be curtailed without following due procedure prescribed under law.