Dismissed

Ganga Saran and another v. State of u.p. and another

Allahabad HC20 Sept 2021ABAIL/16197/2021

Case brief

AI extract

What is this about?

The High Court rejected the anticipatory bail application of Ganga Saran, noting his prior protection under Section 482 Cr.P.C. had lapsed due to failure to appear within two months, applying the Shivam precedent. Bail for Smt. Rajeshwari remains operative.

What did the court decide?

Application rejected for Ganga Saran; protection for Smt. Rajeshwari remains operative from the earlier order.

Ganga Saran and another Vs State of u.p. and another — Anticipatory Bail | Allahabad HC (2021)

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In Chamber

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16197 of 2021

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Applicant :- Ganga Saran And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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(1) Heard learned counsel for the applicants and learned A.G.A and perused the record.

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(2) The instant application is being moved by the applicants namely Ganga Sharan and Smt. Rajeshwari invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no.0040 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Pallavpuran, District-Meerut.

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(3) From the record, it is evident that the applicants have approached this Court after getting his/their anticipatory bail rejected from the court of sessions vide order dated 03.08.2021.

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(4) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.

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(5) In this backdrop of legal as well as factual proposition, learned counsel for the applicants has submitted that the applicants approached this Court invoking the power under section 482 Cr.P.C. bearing Application U/S 482 No.14924 of 2020 on 07.10.2020 in which the Court has protected the interest of applicant no.2/mother-in-law namely Smt. Rajeshwari and the said protection is still operative against her. However, so far as applicant no.1/father-in-law namely Ganga Saran is concerned, following order was being passed with the

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observations quoted hereinbelow :-

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"For a period of two months from today or till the applicant nos.1&3 surrenders and applies for bail whichever is earlier, no coercive action shall be taken against them. However, in case, they do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. This application at the behest of applicant nos.1&3 stands disposed of. "

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(6) The applicant no.1 has not taken the benefit of the protection within time and thus, applying the reasoning given in the case of Shivam Vs State of U.P. and another in Criminal Misc. Anticipatory Bail Application U/S 438 No.2110 of 2021 decided on 05.04.2021 and giving a panoramic view of the matter, the Court is not inclined to exercise its powers in favour of the applicant no.1, and thus the present anticipatory bail application is hereby rejected with regard to applicant no.1.

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Order Date :- 20.9.2021 Sumit S

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Digitally signed by RAHUL CHATURVEDI Date: 2021.09.21 11:15:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Ganga Saran and another v. State of u.p. and another

Case brief

What is this about?

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Ganga Saran and another v. State of u.p. and another

Case brief

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