Ravi Kumar v. State Of U.P.

Siddharth, J.:— Heard Sri. N.I. Jafri, learned Senior Counsel for the applicants, Sri. Chandan Bhagat, learned counsel for the informant and learned A.GA for the State.

Order on Criminal Misc. Exemption Application

2. This exemption application is allowed.

Order on Criminal Misc. Anticipatory Bail Application

3. The instant anticipatory bail application has been filed on behalf of the applicants, Ravi Kumar, Sundar Singh, Shobha and Kunal, with a prayer to release them on bail in Case Crime No. 7 of 2021, under Sections-498-A, 304-B I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station-Masoori, District-Ghaziabad, during pendency of trial.

4. 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 v. 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.

5. 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 v. State of U.P. reported in (2004) 57 ALR 390 flas well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (3) ADJ 322 (SC).

6. Till then, no coercive action shall be taken against the applicants.

7. However, in case, the applicants does not appear before the court below within the aforesaid period, coercive action shall be taken against them.

8. 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.

9. With the aforesaid directions, this application is finally disposed of.