In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12941 of 2021 Applicant :- Munna @ Dhokhe @ Kalicharan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Satyvrat Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned counsel for the informant as well as learned A.G.A.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending their arrest in connection with S.T. No. 175 of 2021, Case Crime no.191 of 2020, under Sections 323, 504, 325 I.P.C. and Section 3(2)(va) of S.C./S.T. Act, Police Station-Sisolar, District- Hamirpur From the record, it is evident that the applicants have approached this Court straightway without getting their anticipatory bail rejected by the court below.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
Learned counsel for the applicants submitted that charge sheet has been submitted by the Police naming the applicants. Applicants are ready to surrender before the Court concerned. Keeping in view the role attributed to the applicants in the commission of the offence, the applicants deserve no liberty.
Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
The facts and circumstances of the case, the prayer of the present anticipatory bail is dismissed.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicants surrender before the court concerned on or before 10.10.2021 and apply for bail, the same shall be adjudicated and decided by the courts below in accordance with.
Till the date of surrender, the applicants shall not be arrested in connection with S.T. No. 175 of 2021, Case Crime no.191 of 2020, under Sections 323, 504, 325 I.P.C. and Section 3(2)(va) of S.C./S.T. Act, Police Station-Sisolar, District-Hamirpur.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 23.9.2021 Rahul.