Bachha Sonkar And 2 Others vs State Of U.P.
2021 Latest Caselaw 3524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7714 of 2021
 

 
Applicant :- Bachha Sonkar And 2 Others
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Vijendra Kumar Mishra,Shivaji Singh
 
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 applicant, Bachha Sonkar,Naushad and Bahadur, with a prayer to release them on bail in Case Crime No. 108 of 2018, under Sections- 147, 148, 149, 151, 152, 153, 186, 332, 333, 336, 341,353,307,323,504,506,427,108 I.P.C., and 2/3 Prevention of Damage to Public Property Act,1984 and 7 Criminal Law Amendment Act Police Station- Jiyanpur, District- Azamgarh, during pendency of trial.

Applicants have been implicated on account of public protest.The charge sheet has been submitted against the applicants.

Applicant has 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 applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.

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 the applicant will appear and surrender before the court below within 30 days from today and apply for bail.

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 him.

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 :- 15.3.2021

Atul kr. sri.