Bharatlal Meena And Another vs State Of U.P.
2021 Latest Caselaw 4289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2947 of 2021
 

 
Applicant :- Bharatlal Meena And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Tejasvi Misra
 
Counsel for Opposite Party :- G.A.,Virendra Kumar Gupta
 

 
Hon'ble Siddharth,J.

Counter affidavit filed by learned A.G.A. is taken on record.

Heard learned counsel for the applicants, Sri Virendra Kumar Gupta, learned counsel for informant and learned A.G.A for the State.

Order on Criminal Misc. Exemption Application

This exemption application is allowed.

Order on Criminal Misc. Anticipatory Bail Application

The instant anticipatory bail application has been filed on behalf of the applicants, Bharatlal Meena and Yogesh Kumar Meena, with a prayer to release them on bail in Case Crime No.1490 of 2020, under Sections- 147, 148, 149, 308, 323, 326, 392, 504, 506, 452, 354 I.P.C., Police Station- Vijaynagar, District- Ghaziabad, during pendency of trial.

The applicants were enlarged on anticipatory bail by the order dated 17.2.2021. Learned A.G.A. has submitted that charge sheet has already been submitted against the applicants.

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 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 applicants is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicants have 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 applicants, 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 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 :- 22.3.2021

Anil K. Sharma