Court allowed Criminal Misc. Anticipatory Bail Application directing surrender within 60 days for bail consideration. Otherwise coercive action will be taken.
Applicant directed to surrender within 60 days to apply for bail; otherwise coercive action to be taken.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6160 of 2021
Applicant :- Indrajeet Nayak Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant 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 applicant, Indrajeet Nayak, with a prayer to release him on bail in Case Crime No. 12 of 2021, under Sections- 323, 354 I.P.C., Police StationKhoda, District- Ghaziabad, 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 applicant, it is directed that in case the applicant appears and surrenders before the court below within 60 days from today and applies for bail, his 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 applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant 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 KS
1 issue framed by the court
Whether anticipatory bail should be granted in the facts and circumstances of the case.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementReferred¶10
AIR 2019 SC 4198 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶11
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶11
2009 (3) ADJ 322 (SC)
Indrajeet Nayak
State of U.P.
Siddharth
As recorded by the court registry
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Siddharth
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