Disposed

Kaleem and 2 Others v. State of U.P. and Another

Allahabad HC19 Feb 2021ABAIL/3399/2021

Case brief

AI extract

What is this about?

This court dismissed the anticipatory bail application in a case involving Nirbhaya-during-trial convictions. While noting complicity and no exceptional grounds based on precedent, the court granted a conditional direction for relative bail considerations if the applicants surrender within 90 days, warning of coercive action for non-compliance.

What did the court decide?

Conditional direction to surrender within 90 days for bail consideration; coercive action threat upon failure.

Kaleem and 2 Others Vs State of U.P. and Another — 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. - 3399 of 2021

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Applicant :- Kaleem And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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The instant anticipatory bail application has been filed on behalf of the applicants, Kaleem, Chhota, Nadeem with a prayer to release them on bail in Case Crime No.832 of 2020, under Sections 376D I.P.C., Police Station- Deoband, District- Saharanpur, 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 applicants, 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 .

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Till then no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

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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.

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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 19.2.2021 SS

Kaleem and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kaleem and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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