The High Court rejected the applicants' anticipatory bail application under Section 438 Cr.P.C. as it was not pressed at the time of hearing, despite the counsel requesting expeditious disposal.
Anticipatory bail application rejected as not pressed; direction given for expedited disposal if surrender is made.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13808 of 2021
Applicant :- Dayanand And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey,Padmakar Rai Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicants and learned A.G.A. for the State are present.
This anticipatory bail application has been filed by the applicants Dayanand and Manish Vishwakarma in Case Crime No.226 of 2021, under sections 323, 506, 308 I.P.C., P.S. Madhuban, District Mau.
At the very outset, learned counsel for the applicants has submitted that initially the FIR has been lodged under Section 323 and 506 IPC and subsequently during the investigation in addition Section 308 IPC was made. He has, therefore, requested that a direction be issued to the learned court below to dispose of the bail application of the applicants, if given, expeditiously on the same day.
In view of the above, the anticipatory bail application is rejected as not pressed.
A direction is however given to the court below that in case applicants surrender and give bail application, the same shall be disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 24.9.2021 Mini
1 issue framed by the court
Whether the anticipatory bail application is maintainable in light of the delay in filing.
1 provisions across 1 enactments
Dayanand and Another
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
