Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39386 of 2019 Applicant :- Radhey Shyam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Rajeev Pandey, learned counsel for the applicant and Kumari Meena, learned A. G. A. appearing for the State and perused the record.
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.108 of 2019, under Sections 392, 506, IPC, Police Station Chandausi, District Sambhal.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant is that applicant has been falsely implicated in the present case; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicants are willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA appearing for the State has very strongly opposed the prayer for anticipatory bail with the contention that the present applicant has earlier filed a Criminal Misc. Writ Petition No.15096 of 2019 (Radheyshyam Vs. State of U.P. and 3 others)(Annexure No.3), which was disposed of by this Court vide order dated 29.05.2019 with the following directions:-
"However, looking to the facts and circumstances of the case, it is directed that in case, petitioner appears and surrenders before the court below within two months from today and applies for bail, his prayer for bail shall be considered and decided in view of 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the instant writ petition is finally disposed of."
In view of the aforesaid the present anticipatory bail application is absolutely misconceived and is accordingly rejected.
Order Date :- 26.9.2019 VKG