Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8401 of 2021 Applicant :- Satyendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava
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.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants, Satyendra, Veerpal, Kapil, Akash, in Case Crime No. 238 of 2020 under sections 452, 323, 504, 506, 427, 352, 326 I.P.C., police station Sardhana, District Meerut.
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.
The applicants have been implicated in a cross case. Charge-sheet has also been submitted.
In view of the paragraph 43(8) of the judgment passed by this Court in Crl. Misc. Anticipatory Bail Application No. 2110 of 2021, Shivam Vs. State of U.P and Another, this anticipatory bail application cannot be considered.
This application is accordingly rejected.
However, keeping in view the fact that the Courts below are not functioning properly on account of spread of Noval Corona Virus, it is directed that the applicants shall appear and surrender before the court below within 60 days from today and apply for bail.
Till then, the applicants shall not be arrested in the aforesaid case.
However, in case, the applicants do not appears before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.5.2021 Shiraz