Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5421 of 2019 Petitioner :- Sunil Dutt Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ronak Chaturvedi,Anurag Khanna (Sr. Advocate) Counsel for Respondent :- G.A.,Gyan Prakash
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Ronak Chaturvedi, learned counsel for the petitioner, Sri Rajesh Mishra, learned A.G.A. for the State and Sri Gyan Prakash, learned counsel for the C.B.I.
The contention of learned counsel for the petitioner is that the petitioner has been falsely implicated; that he was named in the first information report but he was not found when the trap was made and that his active participation was not found; much reliance has been placed on the averments made in paragraph nos.16, 19, 20, 21, 22, 23, 26, 27 and 28 of the writ petition.
On the contrary Sri Gyan Prakash, learned counsel for the C.B.I. has informed the Court that the petitioner himself is a C.B.I. Inspector. He is supposed to perform his duties in a legal and justifiable manner; his role was found in the investigation; the C.B.I. team had gone to the residence of the petitioner; the C.B.I. officials were assaulted by the family members of the petitioner and it was only after one of the C.B.I. official who was outside the gate had informed his superior authorities about the incident and t thereafter the team of the officials of C.B.I. were released from the custody of the family members of the petitioner; with regard to the said incident first information report has been also been lodged against the petitioner and his family members by the C.B.I.
Looking to the facts and circumstances and the contention with regard to the first information report the gravity of the offence and the nature of the allegations as made in the first information report no case of grant of indulgence has been made out.
However, looking to the facts and circumstances of the case, it is directed that in case, petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided on the same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.2.2019 R./