An anticipatory bail application filed under Section 438 Cr.P.C. was heard. The court directed police to refrain from coercive action if the applicant surrenders by September 30, 2021. The order conditions regular bail on surrender by the specified date.
Police to refrain from coercive action until September 30, 2021, contigent on applicant's surrender.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14369 of 2021
Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Katyayini
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 FIR no.0050 of 2021, under Sections 406, 420, 120B, 34, 465, 471, 472 I.P.C., Police Station-Nani Daman, District-Daman.
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.
Contention raised by learned counsel for the applicant is that the applicant is the resident of Kanpur and he has not surrendered in the aforesaid case. The applicant undertakes that he would surrender before the majesty of the concerned court on or before 30.09.2021 in connection with the aforesaid case.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicant surrenders before the court concerned on or before 30.09.2021 and applies for regular bail/anticipatory bail, which is applicable, the same shall be adjudicated and decided by the courts below in accordance with law as early as possible.
In the event, the applicant fails to surrender, the police authorities are free to take suitable coercive action against the applicant in accordance with law.
Up to 30.09.2021, police personnels would not use any coercive action against the applicant to insist his presence.
Till the date of surrender, the applicant shall not be arrested in connection with FIR no.0050 of 2021, under Sections 406, 420, 120B, 34, 465, 471, 472 I.P.C., Police Station-Nani Daman, District-Daman.
With the aforesaid observations, the present application stands disposed of
Order Date :- 22.9.2021 Sumit S
Digitally signed by RAHUL CHATURVEDI Date: 2021.09.23 11:15:08 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 apprehending arrest in the said FIR during the pandemic.
Whether the applicant's undertaking to surrender before 30.09.2021 warrants a stay on coercive police action until that date.
1 provisions across 1 enactments
Ajay Kumar
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
