Allahabad High Court
Smt.Ramendri vs State Of U.P. on 3 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5675 of 2020 Applicant :- Smt.Ramendri Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra,Awadh Sharma Counsel for Opposite Party :- G.A.,Virendra Singh Hon'ble Siddharth,J.
Order on the Exemption Application Application is allowed.
Order on the Anticipatory Bail Application Heard learned counsel for the applicant, Shri Virendra Singh, learned counsel for the informant and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicant, Smt. Ramendri, with a prayer to release him on bail in Case Crime No. 117 of 2020 under Sections- 498-A,304-B IPC, and section 3/4 Dowry Prohibition Act Police Station- Salempur, District- Bulandshahar during pendency of trial.
The offences alleged are prima facie made out from the allegations in the FIR,therefore, applicant is not entitled for anticipatory bail.
However, in view of the entirety of facts and circumstances of the case, it is directed on the request of learned for the applicant that in case the applicant appears and surrenders before the court below within three months 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 290as 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. 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 her.
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 :- 3.12.2020 Atul kr. sri.