Allowed

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

Allahabad HC2 Mar 2021ABAIL/4941/2021

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application directing the applicants to surrender and apply for bail within 60 days. If they fail to appear, coercive action will be taken. The Court found no exceptional grounds for immediate bail under Section 438 Cr.P.C.

What did the court decide?

Conditional direction to surrender and apply for bail within 60 days to avoid coercive action.

Harichandra 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. - 4941 of 2021 Applicant :- Harichandra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A. 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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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 applicants, Harichandra, Shripat and Rajaram , with a prayer to release them on bail in Case Crime No. 776 of 2020, under Sections- 380, 457 IPC, Police Station- Kotwali Lalitpur, District- Lalitpur, 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 60 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 :- 2.3.2021/Ruchi Agrahari

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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