Allowed

Wasay Gazi Alias Abdul Wasay v. State of U.P. and Another

Allahabad HC10 Feb 2021ABAIL/119/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the courts examined an anticipatory bail plea alongside a citing Apex Court precedent. While extraordinary grounds were initially found lacking, the judge imposed a specific condition requiring the applicant to surrender for regular bail within ninety days to prevent coercive action.

What did the court decide?

Conditioned anticipatory bail granted for a window of 90 days to appear for regular bail without coercive action.

Wasay Gazi Alias Abdul Wasay Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 119 of 2021

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Applicant :- Wasay Gazi Alias Abdul Wasay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Lochan Shukla,Sundeep Shukla Counsel for Opposite Party :- G.A.,Ajay Singh Yadav,Manvendra Narain Pathak,Sanjay Tiwari

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Hon'ble Siddharth,J.

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Heard Sri Rajiv Lochan Shukla and Sri Sundeep Shukla, learned counsels for the applicant, Sri Sanjay Tiwari, Sri Manvendra Narain Pathak and Sri Ajay Singh Yadav, learned counsels for the informant 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 applicant, Wasay Gazi Alias Abdul Wasay, with a prayer to release him on bail in Case Crime No. 513 of 2020, under Sections- 313, 504, 506 I.P.C. and 3, 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Murad Nagar, District- Ghaziabad, during pendency of trial.

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Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgement of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not finds any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.

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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 90 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 :- 10.2.2021 KS

Wasay Gazi Alias Abdul Wasay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Wasay Gazi Alias Abdul Wasay v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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