Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4164 of 2021
Applicant :- Neeraj
Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Neeraj, in Case Crime No. 0038 of 2021, under Sections- 60 of Excise Act & 272, 420 I.P.C., Police Station- Ghiror, District- Mainpuri.
The applicant has long criminal history to his credit. It is not a fit case for grant of anticipatory bail.
However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicant, that in case the applicant appears and surrenders before the court below within 60 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 260 as well asjudgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
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 :- 26.2.2021 Rohit