Anticipatory bail application allowed with directives to surrender within 60 days and apply for bail; coercive action reserved for non-surrender.
Application allowed; direction to surrender and apply for bail within 60 days; no coercive action pending compliance.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 532 of 2021 Applicant :- Chandra Prakash And 6 Others Opposite Party :- State of U.P. and Another 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, Chandra Prakash, Smt. Savariya, Smt. Kamali, Km. Chandra, Indrasan, Chauthi and Anil , with a prayer to release them on bail in Case Crime No. 627 of 2020, under Sections- 147, 323, 436 IPC, Police Station- Kotwali, DistrictMaharajganj, 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, it is directed, on the request of counsel for the applicants, 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P .
Till then no coercive action shall be taken against the applicants.
However, in case, the applicants do 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 :- 25.2.2021/Ruchi Agrahari
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants in the pending trial case.
Whether conditions for surrender and subsequent bail application can be imposed on the applicants.
Colour shows how this judgement treated each authority
Chandra Prakash And 6 Others
Siddharth
As recorded by the court registry
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