Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4180 of 2021 Applicant :- Khalid And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avnish Kumar Srivastava,Priyanka Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Order on the Exemption Application Application is allowed.
Order on the Anticipatory Bail Application Heard learned counsel for the applicants and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicants, Khalid, Adil and Arif, with a prayer to release them on bail in case crime no. 600 of 2018(Case No. 9003 of 2019),under Sections- 147, 148, 149, 307, 336, 352, 504, 506 IPC, Police Station- Kharkhauda District- Meerut, during pendency of trial.
There is allegation of firing on the police party.Learned counsel for the applicants has submitted that it is a case of no injury.Police has falsely implicated the applicants..The charge sheet has been submitted in this case against the applicants.All the statements recorded by the investigating officer is of police personnels. There was no intention to cause the death of anyone.The ingredients for constituting offence under section 307 I.P.C. are not made out against the applicants.
Learned A.G.A. has pointed out that applicants have criminal history under section 307 I.P.c. but the same has not been explained.
It is not a fit case for grant of anticipatory bail to the applicants.
This application is accordingly rejected.
Learned counsel for the applicants prays for some protection to obtain bail from the court below.
On the request of learned counsel for the applicants, it is directed that the applicants will appear and surrender before the court below within 90 days from today and apply for bail.
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.
Order Date :- 28.5.2021 Atul kr. sri.