Disposed

Gulshan v. State of U.P. and Another

Allahabad HC12 Mar 2021ABAIL/7675/2021

Case brief

AI extract

What is this about?

In this anticipatory bail application, the court rejected the applicant's argument that no offence was made out. The court granted conditional liberty to appear and surrender before the trial court within thirty days, warning that no coercive action will be taken only during this period.

What did the court decide?

The applicant is granted liberty to appear and surrender before the court below within thirty days; no coercive action shall be taken in the interim.

Gulshan 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. - 7675 of 2021

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Applicant :- Gulshan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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The instant anticipatory bail application has been filed on behalf of the applicant, Gulshan, with a prayer to release him on bail in Case Crime No. 272 of 2017( Case No. 5549/9 of 2017), under Sections- 352,323,504 I.P.C., and section 3(1) (10) of S.C./S.T. Act Police Station- Jansath, District- Muzaffar Nagar, during pendency of trial.

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Applicant has approached this Court after submission of charge sheet against him relying upon the judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)2020 SCC Online SC 98 and judgment of this Court in the case of Adil Vs. State of U.P., Criminal Misc. Anticipatory Bail Application U/S No.438 Cr.P.C. No. 8285 of 2020. Learned counsel for the applicant has submitted that from the material collected by the Investigating Officer, no offence is made out against the applicant, hence he is entitled to be enlarged on anticipatory bail till conclusion of trial.

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After considering the material collected by the Investigating officer in support of charge sheet, this Court finds that the argument advanced by the learned counsel for the applicant is not correct. The material collected by the Investigating Officer makes out the offences regarding which the applicant has been charge sheeted.

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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 applicant, it is directed that the applicant will appear and surrender before the court below within 30 days from today and apply for bail.

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

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However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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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 :- 12.3.2021 Atul kr. sri.

Gulshan v. State of U.P. and Another

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Gulshan v. State of U.P. and Another

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