Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6787 of 2021 Applicant :- Ram Nayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,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 the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No.822 of 2008, under Section 3/7 Essential Commodities Act at Police Station Harraiya, District Basti.
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.
As per allegation made in the first information report is that during checking, two domestic gas cylinders has been recovered from the shop of the applicant. It is alleged that there is also some illegal recovery has been made from the co- accused Hauman Prasad and Bhoopendra Singh.
Learned counsel for the applicant has submitted that some time may be given to the applicant to surrender before the court below.
Learned AGA has submitted that cognizance has already been taken by the court below, therefore, the present anticipatory bail application is not maintainable. The applicant is remedy to approach the court below by filing regular bail application.
Considering the facts and circumstances of the case, it is provided that if 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 in accordance with law.
For a period of 60 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear 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 :- 5.5.2021 Ajeet