Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 268 of 2021 Applicant :- Anwar Ali Opposite Party :- State Of U.P And Another Counsel for Applicant :- Radhey Shyam,Anand Kumar Mishra 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.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Anwar Ali, with a prayer to release him on bail in Case Crime No. 792 of 2018, under Sections- 323, 376, 506 I.P.C., Police Station- Hapur Kotwali, District- Ghaziabad, during pendency of trial.
Learned counsel for the applicant has submitted that charge-sheet has been submitted against the applicant. He does not wishes to press this application on merit since he has not brought on record copy of the charge-sheet. In view of the spreading of second wave of corona virus he may be granted some time to surrender and appear before the court.
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 the applicant will appear and surrender before the court below within 45 days from today and apply for bail.
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 :- 13.4.2021 SS