Allahabad High Court
Mohd. Shahnawaz @ Babu vs State Of U.P. on 17 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. - 5974 of 2020 Applicant :- Mohd. Shahnawaz @ Babu Opposite Party :- State of U.P. Counsel for Applicant :- Shobhit Pathak 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, Mohd. Shahnawaz @ Babu, with a prayer to release him on bail in Case Crime No. 275 of 2020, under Sections- 41/102 Cr.P.C., 269, 270, 278, 420, 414 IPC and 3/8 of Electronic Waste Material Act, Police Station- Bhojpur, District- Moradabad, during pendency of trial.
Allegations made in the FIR against the applicant are fully made out. He is not entitled to be granted anticipatory bail.
However, in view of the entirety of facts and circumstances of the case, it is directed on the request of counsel for the applicant that in case the applicant appears and surrenders before the court below within 45 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 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 them.
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 :- 17.12.2020 Ruchi Agrahari