Yoosab vs State Of U.P. And 2 Others
2021 Latest Caselaw 5947 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5297 of 2021
 

 
Applicant :- Yoosab
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Sachchida Nand Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.

Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.

The instant anticipatory bail application has been filed on behalf of the applicant, Yoosab, with a prayer to release him on bail in case crime no. 368 of 2017(SST No. 35 of 2019) , under Sections- 452,354 IPC, and section 7/8 POCSO Police Station- Dhaulana District- Hapur, during pendency of trial.

The applicant has approached this Court after challenging the charge sheet under Section 482 Cr.P.C. The application under Section 482 Cr.P.C. has been rejected.

In view of the paragraph 43(8) of the judgment passed by this Court in Crl. Misc. Anticipatory Bail Application No. 2110 of 2021, Shivam Vs. State of U.P and Another, this anticipatory bail application cannot be considered.

This application is accordingly rejected.

Learned counsel for the applicant prays for some protection to obtain bail from the court below.

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.

Order Date :- 28.5.2021

Atul kr. sri.