The Allahabad High Court has rejected the anticipatory bail application of former BSP MP Kapil Muni Karwariya in a corruption case.
A single-judge bench of Justice Yashwant Verma passed this order while hearing Karwariya’s criminal miscellaneous anticipatory bail application. The application was moved seeking anticipatory bail in Case under Sections 13(1)D / 13(2) of Prevention of Corruption Act and Section 120-B IPC, Police Station Manjhanpur, District Kaushambi.
The court said the application for anticipatory bail is misconceived for more than one reason. Firstly, the applicant is already in custody in connection with other criminal cases in which he stands named as an accused. There is thus a complete lack of foundation in respect of what may be termed as an apprehension of arrest.
The petition said the applicant has been released on short-term bail from May 13 to June 5, 2021.
“The submission which was addressed before the Court was that despite that order, the jail authorities are not releasing the applicant on account of pendency of the matter which forms subject matter of the application and it is in view of the aforesaid that the petition has been filed”.
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“It becomes pertinent to note that the application relates to a crime which was registered in 2019. It is also admitted to the applicant that till date no regular bail was either sought or applied for in respect of this case. In any case, if a direction for short term bail passed by the Court is not being complied with, the remedy of the applicant clearly lies elsewhere. That cannot possibly constitute ground for according anticipatory bail to the applicant,” the Court said.