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Supreme Court dismisses anticipatory bail plea of man accused of heinous crime

The present petition has been filed against the order of the Allahabad High Court which had granted him interim protection for 45 days and directed him to surrender thereafter, failing which there were clear directions to the investigating authorities to take coercive action against him.

The Supreme Court on Monday dismissed the anticipatory bail plea filed by a man in relation to a FIR lodged for various heinous crime punishable under the Indian Penal Code, including murder. (Shrikant Patel Vs The State of Uttar Pradesh & Anr.) 

The present petition has been filed against the order of the Allahabad High Court which had granted him interim protection for 45 days and directed him to surrender thereafter, failing which there were clear directions to the investigating authorities to take coercive action against him. 

He has sought anticipatory bail in relation to an FIR lodged for the offences punishable under Sections 147, 148, 149, 302, 504, 506, 120-B, 34 of the Indian Penal Code, at Police Station- Barsathi, District-Jaunpur, during the pendency of the trial. 

During the hearing today, the Chief Justice of India, N.V. Ramana has asked the accused, is the interim bail of 45 days not sufficient for you? 

The counsel appearing for the petitioner has argued, I was not named in the FIR.  

CJI- that is the matter of trial whether you have killed him or not?

Petitioner said, the High Court has protected me for 45 days. I will surrender. 

CJI- Why do you need our permission? Go and surrender. 

Petitioner replied, I will seek a regular bail. Kindly protect me for another 45 days. 

CJI- No no, the High Court granted you 45 days and we should protect you 90 days, Right? Dismissed. 

The High Court had categorically mentioned that the applicant not entitled to be granted anticipatory bail. “The offences alleged are prima facie made out from the allegations in the FIR,” said the High Court. 

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The High Court had further noted in its order dated 06.01.2021, that, “in view of the entirety of the facts & circumstances of the case, it is directed, that in case applicant appears and surrender before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided as per the settled law.” 

Furthermore, it had directed, “in case, the applicant does not appears before the Court below within the aforesaid period, coercive action shall be taken against him.”

“It is made clear that the applicant will not be granted any further time by this court for surrendering before the Court below as directed above,” said the High Court while disposing the application. 

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