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It is currently Sat Feb 27, 2021 12:43 am
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[ 7 posts ] |
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Regular bail granted on same day to me in UP
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alok
Joined: Thu Aug 26, 2010 7:58 am Posts: 273
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Dear friends,
As you know that provision of anticipatory bail is not there in UP so i went to High court u/s 482 and Honourable court passed the following order:-
Court No. - 54 Case :- APPLICATION U/S 482 No. - 444 of 2011 Petitioner :- Alok Kumar Respondent :- State Of U.P.And Another Petitioner Counsel :- A.K. Mishra Respondent Counsel :- Govt.Advocate Hon'ble S.C. Agarwal,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in Case No. 3216 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun, be ordered to be considered expeditiously, if possible on the same day by the Courts below. After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court concerned within two weeks from today and applies for bail, then his bail application shall be considered and decided on the same day in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.,after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences. Order Date :- 20.1.2011 ss
I surrender in front of magistrate which rejected my bail.i sought bail from district court then on same day
and was granted bail by Honorable District Judge on same day.So,the 498a gang failed to send me inside jail even for a single minute despite their best and worst of efforts.:)
If useful for anyone references given in this order can be used.
Regards,
-Alok
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Fri Oct 14, 2011 4:37 pm |
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avadhesh_yadav
Joined: Tue Oct 05, 2010 6:48 pm Posts: 77
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thanx dud
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Fri Oct 14, 2011 7:13 pm |
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alok
Joined: Thu Aug 26, 2010 7:58 am Posts: 273
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My strategy was to get bail for my mother and father first.until they got bail i had not surrendered.i surrendered after they got bail.a word of caution though.this method is not failproof/foolproof.DJ may or may not grant bail.In my case there was no MLR.so my case was weak from beginiing.and i got bail.if DJ rejects bail then judicial custody is given until accussed get bail from high court.
-Alok
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Sat Oct 15, 2011 12:31 am |
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theclearmoon
Joined: Sat Dec 01, 2007 9:03 am Posts: 58
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Alok, Congratulations on getting the bail!! whats the status of your case? I am also from Orai and a similar case pending against my parents and me. Thanks!
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Wed Oct 03, 2012 12:40 pm |
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alok
Joined: Thu Aug 26, 2010 7:58 am Posts: 273
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Fri Oct 19, 2012 6:06 am |
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manu007
Joined: Fri Sep 12, 2014 7:24 pm Posts: 5
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Friends I got the direction from allahabad HC to appear before CJM Within 30 days to get the bail. I got interim bail on personal bond From CJM and they again asked me to appera before CJM in March Kindly suggest if bail is rejected from district court then how much time It takes to get bail from HC. Shoud I be in jail till I get bail from HC?
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Sun Mar 01, 2015 2:56 pm |
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ganeshrao
Joined: Tue Sep 06, 2011 11:17 am Posts: 608
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there should not be any problem in getting regular bail at time of next appearance. bail would be rejected only if u do not appear.
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Tue Mar 24, 2015 2:54 pm |
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