The High Court rejected an anticipatory bail application due to lack of exceptional grounds but allowed the applicant to seek bail conditionally upon his surrender within 90 days, directing coercive action otherwise.
Anticipatory bail granted conditionally upon applicant's surrender within 90 days; otherwise, coercive action allowed.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 673 of 2021
Applicant :- Mohd. Ahmad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A.,Ashish Kumar Gupta
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Ashish Kumar Gupta, 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 applicant, Mohd. Ahmad Ali, with a prayer to release him on bail in Case Crime No. 800 of 2020, under Sections- 147, 323, 420, 427, 467, 468, 471 I.P.C., Police Station- Cantt., District- Varanasi, 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 90 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 :- 23.2.2021 KS
2 issues framed by the court
Whether anticipatory bail be granted under Section 438 Cr.P.C. given the lack of exceptional grounds and pendency of trial.
Whether conditions for surrender within 90 days justify granting anticipatory bail only upon that eventuality.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Mohd. Ahmad Ali
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
