Disposed

Anek Singh and Another v. State of U.P. and Another

Allahabad HC17 Feb 2021ABAIL/426/2021

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application filed by persons charged under sections 307, 34, 504, and 506 of IPC. Finding that the charge sheet made out the offence, the Court denied anticipatory bail but directed that no coercive action be taken if the applicants surrendered and applied for bail within 90 days.

What did the court decide?

Conditional direction: no coercive action if applicants surrender and apply for bail within 90 days; otherwise, coercive action may be taken.

Anek Singh and Another Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 426 of 2021

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Applicant :- Anek Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mahendra Counsel for Opposite Party :- G.A.,Jawahir Yadav

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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The instant anticipatory bail application has been filed on behalf of the applicants, Anek Singh andSudhir Yadav with a prayer to release him on bail in Case Crime No. 24 of 2017 under Section 307/34, 504, 506 I.P.C. and 3(2)5 of S.C./S.T. Act, Police Station- Kampil,DistrictFatehgarh (Farrukhabad).

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Applicants have approached this Court after submission of charge sheet against them 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 of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No.8285 of 2020 . Counsel for the applicants has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicants hence they are entitled to be enlarged on anticipatory bail till conclusion of trial.

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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 applicants is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicants have been charge sheeted.

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No ground for granting anticipatory bail to the applicants have been made out.

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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

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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.

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Till then no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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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.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 17.2.2021 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2021.02.19 11:34:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Anek Singh and Another v. State of U.P. and Another

Case brief

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Anek Singh and Another v. State of U.P. and Another

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