Partly allowed

Ankit and Another v. State of U.P. and Another

Allahabad HC18 Dec 2020ABAIL/9604/2020

Case brief

AI extract

What is this about?

The High Court refused an unconditional anticipatory bail application due to prima facie evidence. However, upon direction of legal representation, it allowed the application conditionally. The applicants were permitted to surrender within 60 days, with the subsequent bail request to be decided based on cited precedents; otherwise, coercive action would ensue.

What did the court decide?

Anticipatory bail allowed conditionally subject to surrender within 60 days for further consideration. No coercive action pending compliance.

Ankit and Another 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. - 9604 of 2020

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Applicant :- Ankit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tribhuwan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicants 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 applicants, Ankit and Akash Yadav, with a prayer to release them on bail in Case Crime No. 0624 of 2020, under Sections- 147, 332, 343, 323, 504, 506 IPC, Police Station- Sipari Bazar, District- Jhansi, during pendency of trial.

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Allegations made in the FIR against the applicants are fully made out. Therefore, they are not entitled to be granted anticipatory bail.

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However, in view of the entirety of facts and circumstances of the case, it is directed on the request of counsel for the applicants that in case the applicants appear and surrender before the court below within 60 days from today and apply 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 290 as 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.

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

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

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shall be taken against them.

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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.

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

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Order Date :- 18.12.2020 Ruchi Agrahari

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.12.19 17:58:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ankit and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ankit and Another 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

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