The court allowed an anticipatory bail application in a case involving offences under IPC and POCSO. Bail is contingent on the applicant surrendering within 90 days; otherwise, coercive action will be taken.
Anticipatory bail granted contingent upon surrender within 90 days; otherwise coercive action permitted.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 252 of 2021
Applicant :- Rupesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Qambar Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Rupesh, with a prayer to release him on bail in Case Crime No. 632 of 2020, under Sections- 354, 504, 506 I.P.C. and Section 7 and 8 of POCSO Act, Police Station- Tappal, District- Aligarh, during pendency of trial.
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.
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).
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 23.2.2021 KS
1 issue framed by the court
Whether anticipatory bail can be granted to the applicant who complied with conditions under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
P. Chidambaram Vs. Directorate of EnforcementFollowed¶10
AIR 2019 SC 4198 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶11
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶11
2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Rupesh
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
