Dinesh Kumar v. State of U.P. and Another
Case brief
What is this about?
This Court disposed of an anticipatory bail application directed the applicant to surrender within 60 days to apply for bail in the trial court failing which coercive action would be initiated.
What did the court decide?
Anticipatory bail application allowed conditionally upon surrender within 60 days.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4282 of 2021
Applicant :- Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav 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, Dinesh Kumar, with a prayer to release him on bail in Case Crime No. 203 of 2020, under Sections- 406, 420, 323, 504, 506 I.P.C., Police Station- Bahadurgarh, District- Hapur, 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.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the specific facts and circumstances of the case.
Whether the applicant is required to surrender within a stipulated time period to avail the discretion of this Court.
Parties & counsel
- appellant
Dinesh Kumar
- respondent
State of U.P.
Coram
Siddharth,J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- ABAIL/4282/2021
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