Disposed

Riyaz Mohd. v. State of U.P. and 2 Others

Allahabad HC7 Dec 2020ABAIL/2812/2020

Case brief

AI extract

What is this about?

Coram Justice Siddharth allowed a Criminal Misc. Anticipatory Bail Application and directed the applicant to appear and surrender before the court below within 45 days to apply for bail. No coercive action would be taken if he complied; otherwise, coercive measures would be invoked. Application disposed.

What did the court decide?

Directions given to applicant to appear and surrender before the court below within 45 days to apply for bail; no coercive action if complied, otherwise action shall be taken.

Riyaz Mohd. Vs State of U.P. and 2 Others — Service and Employment | 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. - 2812 of 2020

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Applicant :- Riyaz Mohd. Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avnish Kumar Srivastava,Priyanka Sharma 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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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Anticipatory Bail Application

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The instant anticipatory bail application has been filed on behalf of the applicant, Riyaz Mohd., with a prayer to release him on bail in Case Crime No. 44 of 2020, under Sections- 429 I.P.C. & Section 3/11 of Prevention of Cruelty to Animals Act, 1960, Police StationKharkhauda, District- Meerut, during pendency of trial.

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The applicant is not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the F.I.R.

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

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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 him.

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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 :- 7.12.2020 KS

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.12.09 11:01:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Riyaz Mohd. v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Riyaz Mohd. v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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