Disposed

Ramesh Chandra v. State of U.P. and 3 Others

Allahabad HC1 Mar 2021ABAIL/1695/2021

Case brief

AI extract

What is this about?

The Court granted conditional anticipatory bail to the applicant pending trial. Bail rights will be considered only if the applicant surrenders before the trial court within 60 days; otherwise, coercive action will be initiated.

What did the court decide?

Application allowed subject to surrender before the trial court within 60 days; otherwise coercive action shall be taken.

Ramesh Chandra Vs State of U.P. and 3 Others — 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. - 1695 of 2021

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Applicant :- Ramesh Chandra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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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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Heard learned counsel for the applicant and learned A.G.A for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant, Ramesh Chandra , with a prayer to release him on bail in Case Crime No. 0500 of 2020, under Sections- 376, 504, 506 IPC and Section 3/4 of POCSO Act, Police Station- Milak, District- Rampur, 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, it is directed, on the request of counsel for the applicant, that in case the applicant appears and surrenders before the court below within 60 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 260 as well asjudgement 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 applicant.

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However, in case, the applicant does not appears before the

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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 :- 1.3.2021 Rohit

Ramesh Chandra v. State of U.P. and 3 Others

Case brief

What is this about?

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Ramesh Chandra v. State of U.P. and 3 Others

Case brief

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