Rajesh Kumar vs State Of U.P. And Another
2021 Latest Caselaw 4119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7744 of 2021
 

 
Applicant :- Rajesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajeev Chaddha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Order on Criminal Misc. Correction Application No. 1 of 2021

This is an application seeking correction in the order dated 15.03.2021.

Since charge-sheet has already been filed in this case against the applicant, the order dated 15.03.2021 stands cancelled.

The order dated 15.03.2021 passed by this Court is accordingly corrected and a fresh order is being passed hereinbelow :-

"Heard learned counsel for the applicant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicant, Rajesh Kumar, with a prayer to release him on bail in Case Crime No. 177 of 2017, under Sections- 419, 420, 406 I.P.C., Police Station- Chauri Chaura, District- Gorakhpur, during pendency of trial.

Applicant has approached this Court after submission of charge sheet against him 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 applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant, hence he is 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 applicant.

However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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."

The correction application is allowed.

Order Date :- 19.3.2021

KS