Allahabad High Court

Mrs. Leelavati Devi Alias Leelawati And ... vs State Of U.P. on 12 January, 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. - 8290 of 2020

Applicant :- Mrs. Leelavati Devi Alias Leelawati And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Kartikeya Saran

Counsel for Opposite Party :- G.A.,Udai Chandani

Hon'ble Siddharth,J.

Heard learned counsel for the applicants, Sri Aman Kumar, Advocate, holding brief of Sri Udai Chandani, learned counsel for the informant and learned A.G.A for the State.

The instant anticipatory bail application has been filed on behalf of the applicants,Mrs. Leelavati Devi Alias Leelawati and Mrs. Radha Devi, with a prayer to release them on bail in Case Crime No.0163 of 2020, under
Section 498A
,
304B
IPC and 3/4
D.P. Act
, Police Station- Maduadih, District- Varanasi, during pendency of trial.

The applicants are not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.

However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicants, 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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

However, in case, the applicants do 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 :- 12.1.2021

SS