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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Sections-307, 504 and 34 I.P.C., Police Station-Thana
  • Section 438 Cr.P.C.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Sections-307, 504 and 34 I.P.C., Police Station-Thana
  • Section 438 Cr.P.C.

    Satendra v. State Of U.P.

    Siddharth, J.:— Heard learned counsel for the applicants; Sri. Vikrant Rana, counsel for the informant and learned A.G.A. for the State.

    2. The instant anticipatory bail application has been filed on behalf of the applicants, Satendra and Karan @ Nirbhai Pundir, with a prayer to release them on bail in Case Crime No. 371 of 2020, under Sections-307, 504 and 34 I.P.C., Police Station-Thana Bhawan, District-Shamli, during pendency of trial.

    3. 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.

    4. 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 290 as 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).

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

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

    7. 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.

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

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    Satendra v. State Of U.P.
    (Jan 28, 2021)