Allahabad High Court
Rishabh Mishra vs State Of U.P. And 2 Others on 16 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54868 of 2019 Applicant :- Rishabh Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhananjay Kumar Mishra,Lavkush Kumar Shukla 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, Rishabh Mishra, with a prayer to release him on bail in Case Crime No. 539 of 2018, under Sections- 467, 468, 419, 420, 406, 409, 471, 120B, 34 I.P.C., Police Station- Sigra, District- Varanasi, during pendency of trial.
The applicant appears to be the main accused along with co-accused Pankaj Shukla. The applicant is not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the F.I.R.
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 in case the applicant appears and surrenders before the court below within 2 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 ofAmrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in2009 (3) ADJ 322 (SC).
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 :- 16.12.2020 KS