The single judge allowed the anticipatory bail application conditionally. Applicants must surrender within 60 days to seek regular bail per cited precedents. No coercive action will be taken if they comply.
Application allowed subject to surrender within 60 days; no coercive action if complied with.
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. - 5063 of 2021
Applicant :- Omkar Singh And 6 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar 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, Omkar Singh, Ravi Pratap Singh, Sharad Yadav, Gyan Singh, Vikas Yadav, Drigpal Singh and Gopal, with a prayer to release them on bail in Case Crime No. 772 of 2020, under Sections- 147, 148, 149, 308, 452, 352, 504, 506, 323, 325 I.P.C., Police Station- Kanth, District- Shahjahanpur, 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 290 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 :- 2.3.2021 KS
2 issues framed by the court
Whether anticipatory bail application can be allowed subject to direction for surrender within 60 days.
Whether exceptional grounds exist for exercise of discretionary jurisdiction under Section 438 Cr.P.C.
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.Referred¶11
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶11
Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Omkar Singh and 6 Others
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
