Partly allowed

Lal Mohammad and Another v. State of U.P.

Allahabad HC4 Mar 2021ABAIL/5737/2021

Case brief

AI extract

What is this about?

The Court rejected the instant anticipatory bail application finding no exceptional grounds. It directed that if the applicants surrender within 60 days to apply for bail, their prayer will be considered based on settled law; otherwise, coercive action will follow.

What did the court decide?

Direction to surrender within 60 days to apply for bail; no coercive action pending such surrender.

Lal Mohammad and Another Vs State of U.P. — 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. - 5737 of 2021

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Applicant :- Lal Mohammad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Dubey 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, Lal Mohammad and Smt. Zahida Begam, with a prayer to release them on bail in Case Crime No. 636 of 2020, under Sections420, 467, 468, 471 and 120-B I.P.C., Police Station- Banna Devi, District- Aligarh, 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 and on the request of learned counsel for the applicants, it is directed 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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

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However, in case, the applicants does 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 :- 4.3.2021 KS

Lal Mohammad and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lal Mohammad and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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