Disposed

Omprakash and 3 Others v. State of U.P. and Another

Allahabad HC4 Mar 2021ABAIL/5634/2021

Case brief

AI extract

What is this about?

The Hon'ble District Judge allowed an exemption application despite declining anticipatory bail. The court directed the applicants to surrender before the trial court within 60 days to seek bail, noting that coercive action would follow if they failed to do so.

What did the court decide?

Anticipatory bail denied; exemption granted only on condition to surrender before trial court within 60 days.

Omprakash and 3 Others Vs State of U.P. and Another — Caste Atrocities | 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. - 5634 of 2021

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Applicant :- Omprakash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on the Exemption Application

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Application is allowed.

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Order on the Anticipatory Bail

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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, Omprakash Gupta, Vishal Gupta,Ashish Gupta and Manoj Gupta, with a prayer to release them on bail in Case Crime No. 10 of 2021, under Sections323,504,452,427 IPC, and section 3(1) (r), 3(1)(s) of S.C./S.T. Act Police Station- Sikriganj, DistrictGorakhpur during pendency of trial.

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The applicants are not entitled to be granted anticipatory bail. The offences alleged are prima facie made out from the allegations in the FIR.

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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

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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 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 :- 4.3.2021

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Atul kr. sri.

Omprakash and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Omprakash and 3 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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