Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9363 of 2020 Applicant :- Ankur Pal @ Ankul Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Chandra Tiwari,Vatsala Upadhyay Counsel for Opposite Party :- G.A.,Arun K. Singh Deshwal
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Ankur Pal @ Ankul Kumar with a prayer to release him on bail in Case Crime No. 0455 of 2020, under Sections- 307, 504 IPC, Police Station- Chajlait, District- Moradabad, during pendency of trial.
The applicant is not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.
However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicant, that in case the applicant appears and surrenders before the court below within 90 days from today and applies 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 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till then no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further 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 :- 6.1.2021 Ruchi Agrahari