Mohd. Junaid and Another v. State of U.P. and Another

Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 523 of 2021

Applicant :- Mohd. Junaid And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicants; Sri S.M.A. Abdy, learned counsel for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicants, Mohd. Junaid and Mudasir Ali , with a prayer to release them on bail in Case Crime No. 343 of 2020, under Sections- 147, 148, 323, 452, 504, 506 I.P.C., Police Station- Simbhawali, District- Hapur, 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 90 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).