Partly allowed

Avinash Bhatt v. State of U.P. and Anr.

Allahabad HC20 Nov 2020ABAIL/2262/2020

Case brief

AI extract

What is this about?

This court held that the applicant is not entitled to anticipatory bail as the offences are made out. However, the court directed that if the applicant surrenders within 45 days, bail will be considered; otherwise, coercive action will be taken.

What did the court decide?

Application partially allowed; applicant directed to surrender within 45 days for bail consideration, otherwise coercive action to be taken.

Avinash Bhatt Vs State of U.P. and Anr. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2262 of 2020

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Applicant :- Avinash Bhatt Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant, Avinash Bhatt, with a prayer to release him on bail in Case Crime No.0130 of 2019, under Sections-323, 325, 504, 308 IPC, Police StationSikriganj, District-Gorakhpur, during pendency of trial.

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There is allegation in the first information report that the applicant and two other co-accuseds have assaulted the informant by lathi, rod, bricks and stone. Fracture has been suffered by the injured-informant.

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Learned counsel for the applicant has submitted that there is no specific role has been assigned to the applicant. First information report is delayed by 11 days. This is a counter blast proceedings. Earlier applicant has lodged first information report dated 30.04.2019 against the complainant and two other persons as case crime no.0137 of 2019, under Sections 323, 504, 506 I.P.C., Police Station Bansgaon, District Gorakhpur and therefore, he has been falsely implicated in this case. Applicant has criminal history of three cases explained in para 27 of the affidavit filed in support of bail application.

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Learned A.G.A has opposed the prayer of applicant for grant of anticipatory bail.

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After considering the rival submissions this court finds that the applicant is not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.

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However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders 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

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law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290as 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.

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

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

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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.

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

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Order Date :- 20.11.2020 SS

Avinash Bhatt v. State of U.P. and Anr.

Case brief

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Avinash Bhatt v. State of U.P. and Anr.

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