The Allahabad High Court on Monday has permitted the two sons of former MP Umakant Yadav, Ravikant Yadav and Dinesh Kant Yadav, to file a bail plea after surrendering to the court in 90 days and ruled that no coercive proceedings should be taken against them until then. The two are accused of breaking the lock at the Gandhi Ashram, Purnahadi Ambari, Azamgarh district.
A single-judge bench of Justice Siddharth passed this order while hearing a criminal miscellaneous anticipatory bail application under Section 438 of the Code of Criminal Procedure.
The anticipatory bail application has been filed on behalf of the applicants, Ravikant Yadav and Dineshkant Yadav, with a prayer to release them on bail in a case booked under Sections 120-B, 454, 380, 447 of IPC and Section 3(2)(a) of Prevention of Damage to Public Property Act, 1984, Police Station- Phoolpur, District- Azamgarh, during the pendency of the trial.
The Court, after hearing the counsels for the parties and upon perusal of material brought on record as well as the complicity of accused, and also the judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, did not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 CrPC.
However, in view of the entirety of facts and circumstances of the case and on the request of counsel for the applicants, it is directed that in case the applicants appear and surrender before the court within 90 days from the date of order and apply for bail, their prayer for bail shall be considered and decided as per the settled law laid by this Court. 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. With the said directions, the application is disposed of.