Allahabad High Court
Faisal And 4 Others vs State Of U.P. on 17 February, 2021
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 248 of 2021 Applicant :- Faisal And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari,Vijay Pratap Singh Counsel for Opposite Party :- G.A.,S.M.A Abidi Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants, Faisal, Firoz, Nasir, Mateen and Kalwa, with a prayer to release them on bail in Case Crime No. 343 of 2020, under Sections- 452, 147, 148, 149, 323, 308, 504 and 506 I.P.C., Police Station- Simbhawali, District- Hapur,during pendency of trial.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.
However, in view of the entirety of facts and circumstances of the case and on the request of learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court below within 90 days from today and apply for bail, their 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 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 in 2009 (3) ADJ 322 (SC).
Till then, no coercive action shall be taken against the applicants.
However, in case, the applicants does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants 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 :- 17.2.2021 Rohit