Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8719 of 2021 Applicant :- Virendra Kumar Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava 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 on behalf of the applicant, Virendra Kumar Chaudhary with a prayer to release him on bail in Case Crime No. 336 of 2017, under Sections- 419, 420, 467, 468, 471, 406, 409 I.P.C., Police Station- Rudhauli, District- Basti, during pendency of trial.
Applicant has earlier challenged the charge-sheet by way of Application (under Section 482 Cr.P.C.) No.40004 of 2017, which has been dismissed. Hence, present application is barred by paragraph- 43 of the judgment in the case of Shivam Vs. State of U.P. and Another. It is not a fit case for grant of anticipatory bail to the applicants.
This application is accordingly rejected.
Learned counsel for the applicant prays for some protection to obtain bail from the court below.
On the request of learned counsel for the applicant, it is directed that the applicant 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 applicant.
However, in case, the applicant does not appear 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 :- 27.5.2021 Saif