Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8578 of 2021 Applicant :- Ramji Tiwari @ Atul Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla,Diwanshu Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.36 of 2020, under Sections 147, 148, 307, 34 IPC, Police Station Kotwali, District Kanpur Nagar, applied for anticipatory bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case for the purpose of harassment. Applicant has committed no offence. In case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation.
Lastly, learned counsel for the applicant prayed that a suitable direction be issued for early disposal of the case and his bail application, if he surrenders before the trial court, in accordance with law.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail but he has no objection to the aforesaid request regarding the direction of bail.
Having regard to the submissions made by learned Counsel for the parties, allegation levelled against the applicant and without expressing any opinion on the merits of the case, the applicant is not entitled to be released on anticipatory bail in this case, therefore, prayer is refused.
However, if the applicant surrenders before the Court concerned in aforesaid case and file bail application, the same shall be heard and decided in view of settled law laid down by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.
For a period of 30 days from today or till his surrender whichever is earlier, no coercive action shall be taken against him in the aforesaid case.
In case, the applicant does not appear before the Court below within the aforesaid period, appropriate action shall be taken against him, in accordance with law.
With the aforesaid observations, the present application is disposed of.
The applicant shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 6.4.2021 Manoj