Mohammad Gulam Jilani And Another vs State Of U.P. And Another
2021 Latest Caselaw 10554 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13850 of 2021
 

 
Applicant :- Mohammad Gulam Jilani And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel
 
Counsel for Opposite Party :- G.A.,Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat)
 

 
Hon'ble Rahul Chaturvedi,J.

Heard Sri Azhar Hussain, learned counsel for the applicants, Sri Ram (Rawat) learned counsel for the opposite party no. 2 and learned AGA.

The instant application is being moved by the applicants namely, Mohammad Gulam Jilani and Babban Urf Sami Uddin invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Complaint Case no. 153 of 2018, under Sections 147, 148, 149, 452, 395, 307, 504, 506 & 427 I.P.C., Police Station- Kotwali, District- Agra.

Submission made by learned counsel for the applicants that all the accused applicants namely Aziz Alias Azizuddin Alias Munna and 7 Others have jointly invoked the extra ordinary powers u/s 482 Cr.P.C. bearing no. 19354 of 2020 and vide order dated 05.01.2021, the coordinate Bench of this Court has declined to grant any indulgence to the applicants. Keeping in view the impact of Covid-19 Pandemic, 60 days time was granted to the applicants to surrender before the court below.

Sri Ram (Rawat) learned counsel for the opposite party no. 2 has drawn the attention of the Court to the judgment of coordinate bench of this Court in the case of Shivam Vs. State of U.P. bearing Crl. Misc. Bail Application No. 2110 of 2021 decided on 05.04.2021 and as such advanced that the present anticipatory bail is not maintainable and after all the considered view that the present anticipatory bail is rendered as infructuous, accordingly, the same is dismissed.

After perusing the order dated 05.01.2021, the Court finds that instead of abiding by the directions of the Court vide order dated 05.01.2021, the applicants in the second round have preferred this anticipatory bail with the submission that the applicants are aged old persons of 68 and 72 years respectively. On this extra ordinary circumstances that the applicants are aged persons, 10 days further time is granted to them to surrender before the court below and seek proper bail from the court concerned.

With the aforesaid observation, the present anticipatory bail stands disposed of.

It is made clear that the time limit of 10 days shall not be extended at any cost.

Order Date :- 18.8.2021/Nisha