Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8711 of 2021 Applicant :- Amarwati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Order on the Exemption Application Application is allowed.
Order on the Anticipatory Bail Heard learned counsel for the applicants and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicants, Amarwati, Dushyant Kumar, Rakesh Kumar and Dinesh Kumar with a prayer to release them on bail in case crime no. 357 of 2017( Criminal Case No. 403 of 2018) , under Sections- 420,467,468,471 IPC, Police Station- Hasayan District- Hathras, during pendency of trial.
The applicant has approached this Court after challenging the charge sheet under Section 482 Cr.P.C.
In view of the paragraph 43(8) of the judgment passed by this Court in Crl. Misc. Anticipatory Bail Application No. 2110 of 2021, Shivam Vs. State of U.P and Another, this anticipatory bail application cannot be considered.
This application is accordingly rejected.
Learned counsel for the applicants prays for some protection to obtain bail from the court below.
On the request of learned counsel for the applicants, it is directed that the applicants will appear and surrender before the court below within 60 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicants.
However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants will not be granted any further time by this court for surrendering before the court below as directed above.
Order Date :- 27.5.2021 Atul kr. sri.