An anticipatory bail application was dismissed because offences were prima facie made out. The court directed conditional release if the applicant surrendered within 90 days; otherwise, coercive action would follow.
No coercive action if applicant surrenders within 90 days; otherwise coercive action applies.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1333 of 2021
Applicant :- Ajay Opposite Party :- State Of U.P. And And Another Counsel for Applicant :- Sudhakar Shukla,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Ajay, with a prayer to release him on bail in Case Crime No. 300 of 2019, under Sections- 363, 366 IPC, Police Station- Compierganj, District- Gorakhpur, during pendency of trial.
The applicant is not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.
However, in view of the entirety of facts and circumstances of the case, it is directed, on the request of counsel for the applicant, that in case the applicants appear and surrender before the court below within 90 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.
Till then no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.2.2021 Atul kr. sri.
1 issue framed by the court
Whether anticipatory bail can be granted when prima facie offences are made out by FIR allegations.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
Amrawati and another Vs. State of U.P. 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Ajay
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
