Disposed

Vijay v. State of U.P. and Another

Allahabad HC25 Nov 2020ABAIL/4630/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application, the court held the applicant prima facie not entitled to bail due to serious allegations. Conditions were imposed requiring surrender within 45 days for bail reconsideration, with directive for coercive action if not complied.

What did the court decide?

No coercive action to be taken pending surrender within 45 days; bail to be considered thereafter if applicant surrenders.

Vijay 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. - 4630 of 2020

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Applicant :- Vijay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Yadav,Mohammad Khalid 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, Vijay, with a prayer to release him on bail in Case Crime No. 277 of 2020, under Sections- 363, 366 I.P.C., Police Station- Jhunsi, District- Allahabad, during pendency of trial.

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There is allegation of enticement of minor girl against the applicant and co-accused. The girl has not been recovered. 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 :- 25.11.2020 KS

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.11.27 20:23:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Vijay v. State of U.P. and Another

Case brief

What is this about?

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Vijay v. State of U.P. and Another

Case brief

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