The court allowed an exemption application and directed that the anticipatory bail application be considered on surrender within 60 days. It refused immediate anticipatory bail, no coercive action was taken pending compliance.
Exemption application allowed; 60-day window set for surrender to seek bail without coercive action.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3720 of 2021
Applicant :- Ashish Kumar And 2 Others Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Vishwa Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicants, Ashish Kumar, Manish Kumar and Gulab Harijan , with a prayer to release them on bail in Case Crime No. 38 of 2021, under Sections- 366, 323, 506, 376-D I.P.C., Police Station- Sarai Inayat, DistrictPrayagraj, during pendency of trial.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court below within 60 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 260 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicants.
However, in case, the applicants does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants 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 :- 4.3.2021 Rohit
2 issues framed by the court
Whether anticipatory bail can be granted under Section 438 Cr.P.C. given the absence of exceptional grounds.
Whether conditions for surrender within 60 days can be imposed in lieu of immediate bail.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementReferred¶10
AIR 2019 SC 4198 · Who else cites this
Amrawati and another Vs. State of U.P.Relied on¶11
2004 (57) ALR 260
Lal Kamlendra Pratap Singh Vs. State of U.P.Relied on¶11
2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Ashish Kumar
Manish Kumar
Gulab Harijan
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
