Afzal Husain vs State Of U.P.
2021 Latest Caselaw 2050 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1729 of 2021
 

 
Applicant :- Afzal Husain
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.,Devendra Saini
 

 
Hon'ble Siddharth,J.

Order on the Exemption Application

Application is allowed.

Order on the Anticipatory Bail

Heard learned counsel for the applicant; Shri Devendra Saini, learned counsel for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicant, Afzal Husain with a prayer to release him on bail in Case Crime No. 242 of 2019 under Sections- 147, 148, 323,452,324,325,308 IPC, Police Station- Kotwali Dehat, District- Bijnor, during pendency of trial.

Applicant has approached this Court after submission of charge sheet against him relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and judgment of this Court of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No.8285 of 2020. Counsel for the applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant hence he is entitled to be enlarged on anticipatory bail till conclusion of trial.

After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.

No ground for granting anticipatory bail to the applicant has been made out.

However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicant, that in case the applicant appears and surrenders before the court below within 90 days from today and apply for bail, his prayer for bail shall be considered and decided as per 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.

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.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 4.2.2021

Atul kr. sri.