Held anticipatory bail application dismissed subject to surrender before court below within 30 days; directed no coercive action if complied with.
Applicant directed to surrender before court below within 30 days; no coercive action if complied; application disposed.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7843 of 2021
Applicant :- Rajendra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Rajendra, with a prayer to release him on bail in Case Crime No. 617 of 2018, under Sections- 323, 452 I.P.C., Police Station- Rampur Maniharan, DistrictSaharanpur, during pendency of trial.
Applicant has approached this Court after submission of charge sheet against him 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 applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant, hence he is entitled to be enlarged on anticipatory bail till conclusion of trial.
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 applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.
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 the applicant will appear and surrender before the court below within 30 days from today and apply for bail.
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 :- 15.3.2021 Rohit
1 issue framed by the court
Whether anticipatory bail conditionally granted in Section 438 Cr.P.C.申请 is correct in this charge sheet case.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Referred¶7
Sushila Aggarwal vs. State (NCT of Delhi)2020 SCC Online SC 98 · Who else cites this
Adil Vs. State of U.P.Referred¶7
Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020
1 provisions across 1 enactments
Rajendra
Siddharth
As recorded by the court registry
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