Dismissed

Brajpal v. State of U.P.and Another

Allahabad HC25 Nov 2020ABAIL/4382/2020

Case brief

AI extract

What is this about?

The Single Judge denied unconditional anticipatory bail in an FIR involving Section 376 IPC and POCSO charges. The court directed the applicant to surrender before the trial court within 60 days to seek bail, referencing apex court precedents. Failure to comply invites coercive action.

What did the court decide?

Anticipatory bail denied; applicant directed to surrender within 60 days for bail consideration.

Brajpal Vs State of U.P.and Another — 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. - 4382 of 2020

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Applicant :- Brajpal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manoj Vashisth Counsel for Opposite Party :- G.A.,Mahesh Chandra Maurya

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Mahesh Chandra Maurya, learned counsel for the informant 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, Brajpal, with a prayer to release him on bail in Case Crime No. 34 of 2020, under Sections- 452, 376, 506, 306, 120-B I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act (POCSO), Police Station- Mawana, 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 60 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 :- 25.11.2020 KS

Brajpal v. State of U.P.and Another

Case brief

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Brajpal v. State of U.P.and Another

Case brief

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