Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8980 of 2020 Applicant :- Julfa @ Julfakaar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Vakalatnama has been filed on behalf of the informant in the Court today which is taken on record.
Heard learned counsel for the applicants, Sri Niraj Tripathi, 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 applicants, Julfa alias Julfakar and Ali Miya, with a prayer to release them on bail in Case Crime No. 261 of 2020, under Sections- 147, 148, 149, 354, 354B, 352, 323, 324, 308 and 506 I.P.C., Police Station-
Parikshitgarh, District- Meerut, 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 F.I.R.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicants.
However, in case, the applicants does 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 KS