SATISH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard over anticipatory bail application moved under Section 438 of Cr.P.C., by applicants Satish Kumar and Smt. Sudha, in Case Crime No. 07 of 2021, under Sections 498-A, 323, 354-Kha, 377, 504, 506 IPC and 3/4 of D.P. Act, Police Station Mahila Thana, District- Shamli.

(2.) Co-ordinate Bench of this Court, vide order dated 09.9.2021, has granted interim anticipatory bail to applicants, till submission of police report under Section 173(2) Cr.P.C., with a direction to Investigating Officer or authority concerned to ensure to take all necessary endeavour to gear up the investigation in utmost transparent and professional way and would try to conclude it within a maximum period of 90 days and this application was scheduled for hearing after two months, before the appropriate Bench.

(3.) As per sub-section 5 of Section 438 of Cr.P.C. of Uttar Pradesh State Amendment "the High Court or Court of Session, as the case may be, shall finally dispose off an application for grant of anticipatory bail under sub-section 1 of Section 438 of Cr.P.C. within 30 days of the date of such application. Under sub-section 3 of Section 438 of Cr.P.C. "where the Court grants interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard and when the application shall be finally heard by the Court".