Gulfam v. State of U.P.
Case brief
What is this about?
Anticipatory bail granted to applicant Gulfam in a civil dispute turned criminal case involving execution of an agreement. Bail conditioned on bond and restrictions; investigation directed to conclude within three months.
What did the court decide?
Grant of anticipatory bail on a personal bond of Rs. 25,000/- with two sureties; exemption from filing certified copy of FIR due to COVID-19.
What the court decided
Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6013 of 2020
Applicant :- Gulfam Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Aamir Khan, Advocate states that he has filed vakalatnama on behalf of the complainant in the Registry on 17.9.2020.
Heard Sri V.K. Srivastava, learned counsel for the applicant, Sri Aamir Khan, learned counsel for the complainant, Km. Meena, learned A.G.A. appearing for the State and perused the record.
An exemption application has been filed on behalf of the applicant along with present bail application for exempting the filing of certified copy of the F.I.R. as it could not be made available to the applicant due to COVID19.
The exemption application is allowed.
The filing of certified copy of the F.I.R. is hereby exempted.
It has been contended by the learned counsel for the applicant that the dispute between the parties is purely civil in nature as the same is with respect to execution of an agreement between them and as a pressure tactics, present F.I.R. has been lodged by the complainant against the applicant. Hence the applicant is entitled for grant of anticipatory bail. The applicant has no other reported criminal antecedent.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in a dispute primarily civil in nature with a pending FIR.
Parties & counsel
- applicant
Gulfam
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- ABAIL/6013/2020
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