Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8771 of 2021 Applicant :- Rajesh Singhal Opposite Party :- State of U.P.
Counsel for Applicant :- Ankur Singh Kushwaha 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 applicant and learned A.G.A for State through video conferencing.
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 with a prayer to grant anticipatory bail to the applicant, Rajesh Singhal, in Case Crime No.0020 of 2021, under Sections- 420, 468, 471 I.P.C. and 63/65 of Copy Right (Amended) Act, 1957, Police Station- Nai Mandi, District- Muzaffar Nagar.
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 U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation of making spurious cement against the applicant. Learned counsel for the applicant has submitted that he has been falsely implicated in this case.
Learned A.G.A. has pointed out that the applicant has criminal history of four cases including the present case of similar nature. They are habitual offenders and make fake cement in the name of reputed companies and sell it.
Considering the criminal antecedents of the applicant, it is not a fit case for grant of anticipatory bail.
It is, accordingly, rejected.
Learned counsel for the applicant prays for some protection to obtain bail from the court below.
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 Anil K. Sharma