The Court rejected the argument that no offence was made out despite the charge sheet. However, on the applicant's request, the Court directed surrender to the court below within 30 days and stayed coercive action during this period.
No coercive action against the applicant; directed to appear and surrender before the court below within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3628 of 2021
Applicant :- Virendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Virendra, with a prayer to release him on bail in Case Crime No. 357 of 2018, under Sections- 498-A, 323, 506 I.P.C and Section 3/4 D.P. Act, Police StationKurawali, District- Mainpuri, during pendency of trial.
Counsel for the applicant has submitted that the charge sheet has already been submitted against the applicant.
Applicant has approached this Court after submission of charge sheet against him relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and judgment of this Court in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned counsel for the applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant, hence he is entitled to be enlarged on anticipatory bail till conclusion of trial.
After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.
However, in view of the entirety of facts and circumstances of the case and 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 19.3.2021 Rohit
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail given that the charge sheet makes out an offence.
Whether the applicant must surrender to the court below within 30 days.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Referred¶7
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Adil Vs. State of U.P.Referred¶7
Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020
3 provisions across 3 enactments
Virendra
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
