Disposed

Mazeed Khan v. State of U.P. and Another

Allahabad HC15 Mar 2021ABAIL/7882/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the court held that material collected by the investigating officer made out the charges against the applicant. The application was disposed of by directing the applicant to surrender before the court below within 30 days and by stating that coercive action would be taken if he failed to appear.

What did the court decide?

Directed applicant to surrender before court below within 30 days; no coercive action to be taken till surrender; application dismissed with directions.

Mazeed Khan Vs State of U.P. and Another — Domestic Violence | 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. - 7882 of 2021

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Applicant :- Mazeed Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Tripathi,Sohit Prakash Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Ashvni Mishra, learned counsel for informant 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, Mazeed Khan, with a prayer to release him on bail in Case Crime No.319 of 2019, under Sections498-A, 323, 504, 506, 354, 376 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Kotwali Nagar, DistrictAligarh, 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

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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 :- 15.3.2021 Anil K. Sharma

Mazeed Khan v. State of U.P. and Another

Case brief

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Mazeed Khan v. State of U.P. and Another

Case brief

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