Gabbu Kumar Jaiswal And Another vs State Of U.P.
2021 Latest Caselaw 3527 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7706 of 2021
 

 
Applicant :- Gabbu Kumar Jaiswal And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sanjay Kumar Mishra,Brajesh Datta Pandey(Senior Adv.)
 
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, Gabbu Kumar Jaiswal and Pappu Kumar Jaiswal, with a prayer to release them on bail in Case Crime No. 771 of 2017 (Case No. 3645 of 2020) under Sections- 420,506,332,353 I.P.C.,and section 60 of U.P. Excise Act Police Station- Kotwali Padrauna, District- Kushi Nagar during pendency of trial.

There is allegation of recovery of spurious liquor from the applicants.Learned counsel for the applicants that applicants have been falsely implicated in this case.No recovery has been made from their possession.

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 applicants 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 them.

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 :- 15.3.2021

Atul kr. sri.