Vinod Kumar v. State of U.P. and Another
Case brief
What is this about?
This High Court disposed of an anticipatory bail application filed by an accused apprehending arrest in a matrimonial dispute. Citing Supreme Court guidelines, the court ordered immediate discharge from custody if arrested within 30 days upon furnishing a bond, directing the subordinate court to decide the eventual bail application strictly in accordance with the law.
What did the court decide?
Anticipatory bail disposed by granting immediate release on bail of Rs. 50,000 with two sureties if arrested within 30 days; applicant directed to move regular bail application within 30 days.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2721 of 2022
Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Learned counsel for the applicant has supplied a certified copy of the first informaiton report as well as of the rejection order dated 20.1.2022, the same is taken on record.
Heard Shri Akhilesh Kumar Mishra, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present anticipatory bail application has been moved by the accused/applicant- Vinod Kumar in Case Crime No. 156 of 2020, under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar, with the prayer to grant them anticipatory bail as they are apprehending arrest in the above-mentioned case.
Learned counsel for the applicants submits that the applicant has falsely been implicated in this case and he has not committed any offence as claimed by the prosecution.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to an accused apprehending arrest in a matrimonial dispute involving non-bailable offences punishable up to 7 years imprisonment.
Whether the guidelines laid down by the Supreme Court in Satender Kumar Antill apply to the facts of the present case where the accused has not been arrested before filing of the charge sheet.
Parties & counsel
- applicant
Vinod Kumar
- respondent
State of U.P.
- other
Vinorma Singh
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- ABAIL/2721/2022
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