KRISHNA SHAMSHER JB RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts as are reflected from the record are that the applicant had earlier submitted a bail application before this Court, who is an accused for commission of offence under Ss. 419, 420, 467, 468 and 471 IPC, which has been registered against him as Case Crime No. 145 of 2018 at PS Raiwala, District Dehradun on 3/9/2018.

(2.) After his arrest and as per the legal advice extended to the applicant, he had earlier approached to the learned Sessions Judge, Dehradun, by filing an Anticipatory Bail Application No. 1213 of 2018, Krishna Shamsher Jang Bahadur Rana vs. State. The said Anticipatory Bail Application, was later rejected by an order of 04/02/2019 by the Sessions Court. The reason for rejecting the Anticipatory Bail Application has been assigned by the learned Sessions Judge in his order of 04/02/2019 as contained in its paras 6 and 7, it was because of the fact that at that relevant point of time, when the Anticipatory Bail Application, was filed, the provisions of Sec. 438 Cr.PC., were not made applicable in the State of Uttarakhand, even, as per the provisions of Reorganization Act, because it was not a provision in vogue in the undivided State of Uttar Pradesh, which could have been made applicable then in February, 2018, as it was not on existing, which would stand applicable under the Reorganization Act as per its Sec. 86 and 87 of the Act.

(3.) The applicant filed yet another Anticipatory Bail Application No. 03 of 2020 Krishna Shamsher JB Rana vs. State of, before this Court. The same was taken up for consideration and after considering the impact of the Reorganization Act and non-applicability of the provisions contained under Sec. 438 Cr.P.C., this Court had rejected the Anticipatory Bail Application on 15/06/2020, on the ground that since the said provision is not applicable, the only recourse, which was available to the applicant at that relevant point of time, was to file regular bail, hence he was relegated to file a regular bail and, accordingly, the said observation was also made by this Court vide its order dtd. 15/06/2020. The relevant paras are referred to hereunder:-