Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8900 of 2021 Applicant :- Yogendra Kumar Shukla @ Kishan Shukla Opposite Party :- State of U.P.
Counsel for Applicant :- Vishnu Kumar 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 State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Yogendra Kumar Shukla @ Kishan Shukla in S.T. No. 204 of 2019 in Case Crime No. 946 of 2016, under Sections 354, 504, 506 I.P.C. and 7/8 Posco Act, Police Station- Kathghar, District- Moradabad.
The F.I.R. was lodged against the applicant in the year 2016 and charge-sheet has already been submitted against him in the year 2019. The applicant has not appeared before the court below as yet. The applicant has not brought on record the entire order- sheet of the court below to show the current status of the trial and court proceedings.
In view of the aforesaid, it is not a fit case for bail.
Accordingly, the instant anticipatory bail application stands rejected.
However, keeping in view the spread of corona virus the applicant shall remain on anticipatory bail for a period of 90 days and in case of his arrest shall be enlarged on bail on following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 10.5.2021 Aditya