Court fixed 60 days for applicants to surrender for bail application. Granting anticipatory bail declined without exceptional grounds. Coercive action reserved if surrender not made within 60 days.
Application allowed by fixing 60 days for surrender. Directs immediate coercive action if not surrendered.
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. - 4257 of 2021
Applicant :- Natthu And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhirendra Singh Rajput 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, Natthu, Mukesh, Munesh, Ramvir, Madho and Raju , with a prayer to release them on bail in Case Crime No. 272 of 2018, under Sections- 147, 148, 323, 324, 504, 336, 308 I.P.C., Police Station- Gangiri, DistrictAligarh, 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 :- 3.3.2021 Rohit
3 issues framed by the court
Whether anticipatory bail application in Sections 147, 148, 323, 324, 504, 336, 308 IPC should be granted without regular bail.
Whether the applicants must surrender within 60 days to be eligible for future bail consideration.
What relief this court can grant if the applicants fail to surrender within the stipulated 60 days.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementReferred¶10
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
Amrawati and another Vs. State of U.P.Applied¶11
Amrawati and another Vs. State of U.P. 2004 (57) ALR 260
Lal Kamlendra Pratap Singh Vs. State of U.P.Applied¶11
Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Natthu And 5 Others
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
