The court declined to grant anticipatory bail due to lack of exceptional grounds but directed surrender within 60 days for bail consideration under cited precedents, warning of coercive action thereafter.
Surrender within 60 days directed; bail application to be considered if surrendered; coercive action if not surrendered.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6014 of 2021
Applicant :- Shyam Sagar Dwivedi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Jagat Narayan Mishra,Krishna Dutt Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Shyam Sagar Dwivedi, Shivcharan and Rajendra with a prayer to release them on bail in Case Crime No.0024 of 2021, under Sections 420, 467, 468, 471, 302 I.P.C, Police Station- Kalyanpur, DistrictKanpur Nagar, 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 :- 5.3.2021 SS
1 issue framed by the court
Whether anticipatory bail should be granted given the exceptional grounds assessment and complicity of accused.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementReferred¶7
P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶8
Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P
1 provisions across 1 enactments
Shyam Sagar Dwivedi and 2 Others
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
