Allahabad High Court
Abdul Kadir vs State Of U.P. And Another on 9 February, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6467 of 2020
Applicant :- Abdul Kadir
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ravindra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Abdul Kadir, with a prayer to release him on bail in Case Crime No. 230 of 2020, under Sections- 3(2)(c)(d) and 7(1)(a)(ii) of E.C. Act, Police Station- Dudhara, District- Sant Kabir Nagar, 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 in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned 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 is made out.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court below within 90 days from today and applies for bail, his prayer for bail shall be considered and decided as per the settled law laid by this Court in the case ofAmrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears 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 :- 9.2.2021
KS
