Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8187 of 2020 Applicant :- Kush Vats Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.B.Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant in the Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Kush Vats, with a prayer to release him on bail in Case Crime No. 1069 of 2019, under Sections- 120B, 506, 406, 420 I.P.C., Police Station- Lanka, District- Varanasi, during pendency of trial.
The applicant is 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 applicant, it is directed 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 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 applicant.
However, in case, the applicant does not appears 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.
Order Date :- 6.1.2021 KS