Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8758 of 2021 Applicant :- Rambabu Nishad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Saket Jaiswal 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 the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Rambabu Nishad, in Case Crime No. 56 of 2021, under Sections-354, 323, 452, 504, 506 I.P.C and 3(1)(Da), 3(1) (Dha), 3(1) (w) (i), 3(2) (va) SC/ST Act, Police Station- Baberu, District-Banda.
Learned A.G.A. has pointed out that the applicant has criminal history of 27 cases and opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
Learned counsel for the applicant submits that he has explained the criminal history of the applicant in para 27 of the affidavit filed in support of the bail application. The cases are under the Arms Act, Goonda Act, under Section 307 I.P.C, Gangster Act etc.
In view of the above, it is not a fit case for granting anticipatory bail.
Application is accordingly rejected.
However, in view of the fact that Courts below are not properly working in the present circumstances and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 30 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 :- 28.5.2021 SS