Allowed

Ramawadh Pandey and 2 Others v. State of U.P. and Another

Allahabad HC10 Dec 2020ABAIL/5644/2020

Case brief

AI extract

What is this about?

Single judge court granted anticipatory bail to applicants in a criminal trial pending under Sections 323, 504, 308 IPC, directing surrender to the lower court within 45 days. Failure to comply results in coercive action.

What did the court decide?

Anticipatory bail granted subject to appearing before the trial court within 45 days; otherwise, coercive action may be taken.

Ramawadh Pandey and 2 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5644 of 2020

¶3

Applicant :- Ramawadh Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.,Arvind Prabodh Dubey

¶4

Hon'ble Siddharth,J.

¶5

Order on the Exemption Application

¶6

Application is allowed.

¶7

Order on the anticipatory bail application

¶8

Heard learned counsel for the applicant, Shri Arvind Prabodh Dubey, learned counsel for the informant and learned A.G.A.

¶9

The instant anticipatory bail application has been filed on behalf of the applicants Ramawadh Pandey, Pappu @ Shyam Narayan Pandey and Reema Pandey with a prayer to release them on bail in Case Crime No. 106 of 2020, under Sections- .323,504,308 IPC, Police Station- Belipar District- Gorakhpur, during pendency of trial.

¶10

The offences alleged are prima facie made out from the allegations in the FIR.

¶11

However, in view of the entirety of facts and circumstances of the case, it is directed on the request of learned for the applicants that in case the applicants appear and surrender before the court below within 45 days from today and applies for bail, their 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 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.

¶12

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

¶13

However, in case, the applicants do not appear before the court below within the aforesaid period,

¶14

coercive action shall be taken against them.

¶15

It is made clear that the applicants will not be granted any further time by this court for surrendering before the court below as directed above.

¶16

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

¶17

Order Date :- 10.12.2020 Atul kr. sri.

Ramawadh Pandey and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ramawadh Pandey and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahesh Vs State of U.P.

Karanveer Singh Vs State of U.P. and 2 Others

Mukesh @ Mahaveer Singh Vs State of U.P. and Another

Sunil Kumar Vs State of U.P.

Ubaid and 4 Others Vs State of U.P.

Mohammad Mohsin Vs State of U.P. and Another