This court rejected a direct grant of anticipatory bail for an accused under Section 438 Cr.P.C. due to the magnitude of the offence, but allowed the applicant to remain at liberty upon surrendering within 15 days for bail adjudication.
Granted liberty contingent upon surrender within 15 days; no anticipatory bail granted.
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Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12465 of 2021 Applicant :- Raj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.257 of 2021, under Section 3/7 Essential Commodities Act, 1955, Police Station-Khair, District-Aligarh.
From the record, it is evident that the applicant has approached this Court straightaway without getting his anticipatory bail rejected from the court below.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
I have gone through the contents of the FIR. The applicant is the named accused in the FIR. Keeping in view the role attributed to the applicant in the commission of the offence, the applicant deserves no liberty. Thus, I am not inclined to exercise my power under section 438 Cr.P.C.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicant surrenders before the court concerned within 15 days from today and applies for bail, the same shall be adjudicated and decided by the courts below in accordance with law as early as possible in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702 .
Till the date of surrender, the applicant shall not be arrested in connection with Case Crime no.257 of 2021, under Section 3/7 Essential Commodities Act, 1955, Police Station-Khair, District-Aligarh.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 23.9.2021 Sumit S
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.24 11:08:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. given his role in the offence.
How the outbreak of COVID-19 affects the grant of bail and surrender conditions.
Colour shows how this judgement treated each authority
Hussain and another Vs. Union of IndiaReferred¶8
(2017) 5 SCC Page-702 · Who else cites this
1 provisions across 1 enactments
Raj Kumar
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
