Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8565 of 2021 Applicant :- Virendra And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Om Prakash Singh,Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, namely, Virendra, Dharmendra, Mahendra and Jogendra involved in Case Crime No.224 of 2019, under Sections 323, 504 & 308 IPC, Police Station Belghat, District Gorakhpur, applied for anticipatory bail.
Learned counsel for the applicants submits that applicant are innocent and have been falsely implicated in the present case for the purpose of harassment. Applicants have committed no offence. It is further submitted that applicants are real brother and no criminal history against the them except the present case. In case the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would co-operate with the investigation. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail application.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail and submitted that charge sheet has been filed against the applicants. 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 applicants and without expressing any opinion on the merits of the case, the applicants are not entitled to be released on anticipatory bail in this case, therefore, prayer is refused.
However, if the applicants surrender before the Court concerned in aforesaid case and file their bail applications, 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 three weeks from today or till their surrender whichever is earlier, no coercive action shall be taken against them in the aforesaid case.
In case, the applicants do not appear before the Court below within the aforesaid period, appropriate action shall be taken against them, in accordance with law.
With the aforesaid observations, the present application is disposed of.
The applicants 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 I.A.Siddiqui