Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9886 of 2020 Applicant :- Jitendra @ Virendra Pratap And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Jitendra @ Virendra Pratap, Ram Rekha, Rishimuni @ Rekhai, Ram Bachan, Rajeshwari Rai and Harish Chandra, with a prayer to release them on bail in Complaint Case No.1173 of 2012 (old case crime no.155-A/1986) Daya Nand Rai Vs. Ram Rekha and others, under Section 395 and 397 I.P.C., Police Station- Mahuli, District- Sant Kabir Nagar, during pendency of trial.
The applicants are 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 applicants, 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 applicants.
However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
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 :- 5.1.2021 SS