Order on the Exemption Application Application is allowed.
Order on the Anticipatory Bail Heard learned counsel for the applicant, Shri Jai Prakash Singh, 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, B.K. Gupta @ Bhuwanesh Kumar Gupta, with a prayer to release him on bail in Case Crime No. 18 of 2021, under Sections- 120-B,420 IPC Police Station- Ganjdundwara, District- Kasganj 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 applicants appear and surrender before the court below within 90 days from today and apply for bail, their 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 appear 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.
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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.1.2021 Atul kr. sri.