Partly allowed

Rahul Gupta v. State of U.P.

Allahabad HC1 Mar 2021ABAIL/230/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court initially found no exceptional grounds for discharge but, on counsel request, directed that the applicant would be entitled to bail if he appeared and surrendered within 60 days. The application was disposed of with this conditional direction.

What did the court decide?

The applicant is directed to appear and surrender within 60 days; if satisfied, his bail prayer shall be considered as per the judgment in Amrawati case.

Rahul Gupta Vs State of U.P. — 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. - 230 of 2021

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Applicant :- Rahul Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Anish Counsel for Opposite Party :- G.A.,Daya Shanker Pandey

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant 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, Rahul Gupta, with a prayer to release him on bail in Case Crime No. 1724 of 2020, under Sections- 506, 120-B, 471, 468, 467, 420 I.P.C., Police Station- Indirapuram, 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 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 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 :- 1.3.2021 KS

Rahul Gupta v. State of U.P.

Case brief

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Rahul Gupta v. State of U.P.

Case brief

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