Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9843 of 2020 Applicant :- Brij Bhushan Tiwar @ Brij Bhooshan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Deo Shukla,Amit Kumar Tiwari,Vivek Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Brij Bhushan Tiwar @ Brij Bhooshan, with a prayer to release him on bail in Case Crime No. 369 of 2020, under Sections- 307 IPC, 3/5-A/8 of U.P. Prevention Cows Slaughter Act & 11 of U.P. Prevention of Cruelty to Animals Act, Police Station- Mungara Badshahpur, District- Jaunpur, 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 :- 5.1.2021 Ruchi Agrahari