Court No. - 36
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9567 of 2021
Applicant :- Durshan Devi @ Ram Beti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,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, Durshan Devi @ Ram Beti with a prayer to relaease him on bail in Case Crime No.0677 of 2019 under Sections 308, 323, 504 IPC, P.S. Baradari, Distt. Bareilly, 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, 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 do 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.5.2021
A. Pandey