Held the anticipatory bail application disposed of with liberty to apply for surrender/bail before the lower court. Directed no coercive action against the applicant for 15 days to facilitate appearance.
No coercive action for 15 days; liberty to apply for surrender/bail in lower court within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 446 of 2023
Applicant :- Pavan Kumar Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Srivastava,Gaurav Gautam Counsel for Opposite Party :- G.A.,Rajesh Yadav,Yadvesh Yadav
Hon'ble Mrs. Jyotsna Sharma,J.
Order Date :- 27.1.2023 Saif
Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail application is maintainable when process to appear has been issued against the applicant.
Whether coercive action can be taken while the applicant is in custody or while attempting to surrender.
1 provisions across 1 enactments
Pavan Kumar Kaushik
State of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
