Allahabad High Court
Samir Kumar Singh vs State Of U.P. And Another on 18 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12060 of 2021 Applicant :- Samir Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surya Prakash Dubey,Anshul Pathak,Siddhartha Baghel Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Sri Anshul Pathak, learned counsel for the applicant - Samir Kumar Singh. Sri Nagendra Srivatava, learned AGA for the State.
2. Though applicant has filed application seeking anticipatory bail but when his attention is drawn towards provisions contained in Section 41-A of Cr.P.C. and apprised that notice in question which forms backbone of apprehension of arrest of the applicant is in fact a notice under section 41-A Cr.P.C. He submits that he will be satisfied if a copy of the complaint filed against him by one Sunit Kumar, S/o Mahendra Singh is provided to him or he be given some reasonable time to appear before the Additional Deputy Commissioner (Police) Central Noida, Gautam Budh Nagar.
3. Sri Nagendra Srivastava, learned AGA submits that he shall direct Additional Deputy Commissioner (Police) Central Noida, Gautam Budh Nagar to provide copy of the complaint to the applicant within 7 days from today and thereafter fix a date giving him at least 7 days window to prepare his defense and appear before the aforesaid authority and assures that till then no coercive action will be taken against the applicant.
4. In view of such assurance given by learned AGA, anticipatory bail application has been rendered infructuous for the present. It is directed that let a copy of the complaint received against the applicant be provided to the applicant within 7 days from today and thereafter he be provided at least 7 days time to appear before the said authority and comply with the requirements of Section 41-A.
5. Till then no coercive action shall be taken against the applicant.
6. In above terms, the application is disposed of.
Order Date :- 18.6.2021 S.K.S.