Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9537 of 2021 Applicant :- Anil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Gupta,Vinay Kumar 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.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant, Anil, with a prayer to release him on bail in Case Crime No. 820 of 2019, under Sections- 323, 325, 308, 504 I.P.C., Police Station- Khorabar, District- Gorakhpur, during pendency of trial.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court below within 60 days from today and apply for bail, his prayer for bail shall be considered and decided as per the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 260 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
time by this court for surrendering before the court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 11.5.2021 Rohit Digitally signed by JUSTICE SIDDHARTH Date: 2021.05.11 17:48:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad