Geeta Singh and Another v. State of U.P.
Case brief
What is this about?
In a criminal miscellaneous anticipatory bail application under S. 438 Cr.P.C., the Single Judge directed applicants to surrender before the trial court within 60 days. Bail would be considered thereafter as per cited precedents. No coercive action is permissible during this period unless the condition is breached.
What did the court decide?
Applicants directed to surrender before the court below within 60 days; bail to be considered thereafter; no coercive action till then.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6808 of 2021
Applicant :- Geeta Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Mishra,Tarun Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard the applicants in person and learned A.G.A for the State.
Applicants have made an application praying for permission to argue this case in persons due to lawyers' strike.
The instant anticipatory bail application has been filed on behalf of the applicants Geeta Singh and Ram Raj Singh, with a prayer to release them on bail in Case Crime No. 20 of 2020, under Sections409,419,420,467,468,471 IPC, Police StationRasda, District- Ballia, during pendency of trial.
The applicant no.1 is village Pradhan and applicant no.2 is her husband. The allegations in the First Information Report are the out come of the inquiry conducted against them earlier.The amount of Rs.1,08,40,760/- has been found to have been misappropriated by the applicants and other coaccused. No ground is made out for granting anticipatory bail to the applicants.
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.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted as of right or conditional upon surrender within a stipulated period?
Whether coercive action can be stayed against applicants pending their appearance before the lower court?
What is the legal consequence if applicants fail to appear before the court below within the directed period?
Parties & counsel
- applicant
Geeta Singh And Another
Coram
Hon'ble Siddharth, J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- ABAIL/6808/2021
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