Raj Kumar Sahu And Another vs State Of U.P. And Another
2021 Latest Caselaw 918 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 542 of 2021
 

 
Applicant :- Raj Kumar Sahu And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gyanendra Singh Kanaujiya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants, Sri Sharique Ahmed, counsel for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicants,Raj Kumar Sahu and Rajendra Kumar Sahu, with a prayer to release them on bail inCase Crime No. 79 of 2020, under Sections- 323, 504, 452, 306 IPC, Police Station- Vidhnu, District- Kanpur Nagar, during pendency of trial.

Having heardlearnedcounsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.

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 applies 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 finallydisposed of.

Order Date :- 13.1.2021

Rohit