Jitendra Kumar And 7 Others vs State Of U.P. And 2 Other
2021 Latest Caselaw 2157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2582 of 2021
 

 
Applicant :- Jitendra Kumar And 7 Others
 
Opposite Party :- State Of U.P. And 2 Other
 
Counsel for Applicant :- Vijay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicants, Jitendra Kumar, Phool Chandra, Pramod Kumar urf Pappu, Anju Lata, Arvind Kumar, Aman Kumar, Annu and Akansha with a prayer to release them on bail in Case Crime No. 372 of 2020, under Sections- 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act, Police Station- Line Bazar, District- Jaunpur, 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 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 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 applicants, 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 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 applicants.

However, in case, the applicants do 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

SS