Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9862 of 2021 Applicant :- Mahipal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia 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.
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 with a prayer to grant an anticipatory bail to the applicants, Mahipal, Nitin, Dinesh and Surendra, in Case No.327 of 2019, Case Crime No.208 of 2019, under Sections-147, 148, 324, 323, 504, 506, 308 I.P.C., Police Station-Asmoli, District-Sambhal at Chandausi.
Change-sheet has been submitted against the applicants. There is also cross version of the incident. In view of paragraph 43 of the judgement dated 05.04.2021 passed by this Court in Criminal Misc. Anticipatory Bail Application u/s438 Cr.P.C No.2110 of 2021, Shivam Vs. State of U.P. and another, this anticipatory bail application is not maintainable.
Application is accordingly rejected.
However, in view of the fact that Courts below are not properly working in the present circumstances and on the request of learned counsel for the applicant, it is directed that the applicant 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 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.
Order Date :- 27.5.2021 SS