The Court rejected the plea for anticipatory bail but granted conditional relief, directing that bail will be considered if applicants surrender within 90 days. Failure to do so will lead to coercive action.
Released from coercive action conditionally; bail application to be reconsidered if applicants surrender within 90 days.
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Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 196 of 2021 Applicant :- Malay Agrawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Malay Agrawal and Sanjai Jain, with a prayer to release them on bail in Case Crime No. 609 of 2018, under Sections- 120-B,420,467,468, IPC, Police StationNoida Sector-58, District- Gautam Budh Nagar during pendency of trial.
The applicants are not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.
However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicants, that in case the applicants appear and surrender before the court below within 90 days from today and apply for bail, their prayer for bail shall be considered and decided as per the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 9.2.2021 Atul kr. sri.
2 issues framed by the court
Whether the applicants are entitled to anticipatory bail in case Crime No. 609 of 2018.
Whether coercive action shall be taken if the applicants fail to appear and surrender within 90 days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Relied on¶6
Amrawati and another Vs. State of U.P. 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Relied on¶6
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Malay Agrawal
Sanjai Jain
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
