Phool Chandra And 4 Others vs State Of U.P.
2021 Latest Caselaw 2156 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2586 of 2021
 

 
Applicant :- Phool Chandra And 4 Others
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sanjay Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants 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 applicants, Phool Chandra, Mool Chandra, Amarjeet, Chintamani and Rampati, with a prayer to release them on bail in Case Crime No. 227 of 2018, under Sections- 147, 452, 323, 504, 506, 427, 354 I.P.C., Police Station- Meja, District- Prayagraj, during pendency of trial.

Applicants have approached this Court after submission of charge sheet against them 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 applicants has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicants, hence they are 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 applicants is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicants have been charge sheeted.

No ground for granting anticipatory bail to the applicants 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 applicants, it is directed that in case the applicants appear and surrender before the court below within 90 days from today and apply for bail, their 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 applicants.

However, in case, the applicants does not appear before the court below within the aforesaid period, coercive action shall be taken against them.

It is made clear that the applicants 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