Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8736 of 2021 Applicant :- Sikander Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pulak Ganguly,Avinash Tiwari 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.
Order on the Exemption Application Application is allowed.
Order on the Anticipatory Bail Heard learned counsel for the applicants and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicants, Sikander Khan, Seema @ Shahnaz Begum and Bablu @ Waris with a prayer to release them on bail in case crime no. 460 of 2020 under Sections- 323,504,506 IPC, and section 3(1) (r) & (s) of S.C./S.T. Act,2000 Police Station- Bidhuna District- Auraiya, during pendency of trial.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that the applicants 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 applicants.
However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
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 :- 27.5.2021 Atul kr. sri.