Partly allowed

Suresh Kumar and 5 Others v. State of U.P.

Allahabad HC22 Mar 2021ABAIL/6102/2021

Case brief

AI extract

What is this about?

Anticipatory bail application filed in a non-bailable offence case. Rejected absolute bail as material made out the offence. Directed applicants to surrender before the Lower Court within 30 days. Warned of coercive action for non-compliance. Application disposed with conditional relief.

What did the court decide?

Directing applicants to surrender before the court below within 30 days; no coercive action till then; coercive action if not appeared.

Suresh Kumar and 5 Others Vs State of U.P. — 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. - 6102 of 2021

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Applicant :- Suresh Kumar And 5 Others Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Pratap Singh Counsel for Opposite Party :- G.A.,Ram Ashish Pandey

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants;Shri Ram Ashish Pandey, learned counsel for the informant 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, Suresh Kumar,Anand,Kaptan Singh, Shri Krishna,Balram Singh and Ram Narayan with a prayer to release them on bail in Case Crime No. 532 of 2017, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Kotwali, District- Etawah, during pendency of trial.

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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 in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned 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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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 the applicants will appear and surrender before the court below within 30 days from today and apply for bail.

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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 :- 22.3.2021 Atul kr. sri.

Suresh Kumar and 5 Others v. State of U.P.

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Suresh Kumar and 5 Others v. State of U.P.

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