Bharat v. State of U.P.
Case brief
What is this about?
The Allahabad High Court rejected the applicant’s anticipatory bail application, holding that he cannot avail the benefit of bail due to his failure to surrender as directed in a prior order from 2021.
What did the court decide?
The applicant is not entitled to bail due to non-compliance with a prior direction to surrender.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13461 of 2022
Applicant :- Bharat Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Lavkush Kumar Shukla
Hon'ble Siddharth,J.
Heard Shri Mahesh Chandra Tiwari, learned counsel for the applicant; Shri Lavkush Kumar Shukla, learned counsel for informant and the learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Bharat, with a prayer to release him on bail in Case Crime No. 763 of 2015, under Section420/406/467/468/471/427/504/506/409/120-B I.P.C., Police Station - Hariparwat, District - Agra.
The applicant has earlier approached this Court by way of Anticipatory Bail Application No. 3318 of 2021 which was disposed of with the direction to surrender and appear before the court below within ninety days and apply for bail. The aforesaid order was passed on 19.02.2021.
The applicant has admittedly not surrendered till date and has filed anticipatory bail application. He cannot get benefit of his own fault.
The anticipatory bail application is accordingly, rejected.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in the specified criminal case.
Whether the failure of the applicant to comply with a prior direction to surrender is sufficient to deny bail.
Parties & counsel
- applicant
Bharat
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/13461/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court