Partly allowed

Akash @ Gajendra v. State of U.P. and Another

Allahabad HC27 Sept 2024ABAIL/9333/2024

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail subject to the applicant depositing Rs. 25,000 for mediation at the Allahabad High Court's Mediation and Conciliation Centre. The case was listed on 9th January 2025 with a direction for no arrest pending the next date and participation in mediation.

What did the court decide?

Granted anticipatory bail subject to deposit of Rs. 25,000 for mediation; stay on arrest pending mediation proceedings.

Akash @ Gajendra vs State of U.P. and Another — Domestic Violence | Allahabad HC (2024)

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9333 of 2024

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Applicant :- Akash @ Gajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Chaudhary,Rakesh Tripathi I Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants -Akash @ Gajendra in Case Crime No. 205 of 2024 under Sections 498A, 323, 506, 307 I.P.C. and Section 3/4 of D.P. Act, Police Station - Babugarh, District -Hapur.

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Learned Counsel for the applicant has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.

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In view of above submissions made by learned Counsel for the applicant, it is directed that the applicant shall deposit Rs.25,000/within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

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In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.20,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.

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List this case on 9th January 2025 along with report of Mediation Centre before appropriate Bench.

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Till the next date of listing, applicant shall not be arrested pursuant to the aforesaid case crime.

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It is made clear that if the applicant fails to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required.

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Order Date :- 27.9.2024 S.Prakash

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Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad

Akash @ Gajendra v. State of U.P. and Another

Case brief

What is this about?

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Akash @ Gajendra v. State of U.P. and Another

Case brief

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