Justice Manmohan cancelled the anticipatory bail granted to SI Naveen Upadhyay on a plea by the city police, which had earlier issued a lookout circular (LOC) against him. A lower court had given him bail on May 21, 2011.
The court accepted the argument of State's Standing Counsel (Criminal) Pawan Sharma's argument that without any change of circumstances, the trial court had granted anticipatory bail to the SI within sixteen days of its earlier order of May 4 last year, when he was refused anticipatory bail.
"Having heard the parties and having perused the two orders of May 4, 2011 and May 21, 2011 passed by the Additional Sessions Judge (ASJ), this court is of the view that there was no change of circumstances warranting grant of anticipatory bail to the accused," the court said in an order.
The court also accepted the police argument that Upadhyay had filed an application before the court additional chief metropolitan magistrate (ACMM) to surrender but despite several hearings he had failed to surrender so far.
"This court is of the view that had the ASJ perused the proceedings before learned ACMM on the surrender application of the accused, it would have been apparent to him that in fact, the accused had never surrendered before the court," the court also said. (More)
