Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8586 of 2021 Applicant :- Harpal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, namely, Harpal, Krishnapal, Ramnaresh, Dharmendra and Banti involved in Case Crime No.227 of 2020, under Sections 452, 354, 147 & 406 IPC, Police Station Sirauli, District Bareilly, applied for anticipatory bail.
Learned counsel for the applicants submits that applicant are innocent and have been falsely implicated in the present case for the purpose of harassment. Applicants have committed no offence. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail application.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail and submitted that charge sheet has been filed against the applicants. He has no objection to the aforesaid request regarding the direction of bail.
Having regard to the submissions made by learned Counsel for the parties, allegation levelled against the applicants and without expressing any opinion on the merits of the case, the applicants are not entitled to be released on anticipatory bail in this case, therefore, prayer is refused.
However, if the applicants surrender before the Court concerned in aforesaid case and file their bail applications, the same shall be heard and decided in view of settled law laid down by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P.
and others, 2016 (7) ADJ 151.
For a period of three weeks from today or till their surrender whichever is earlier, no coercive action shall be taken against them in the aforesaid case.
In case, the applicants do not appear before the Court below within the aforesaid period, appropriate action shall be taken against them, in accordance with law.
With the aforesaid observations, the present application is disposed of.
The applicants shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 6.4.2021 I.A.Siddiqui