Dismissed

Abhay Nath Chaubey v. State of U.P. and 3 Ors.

Allahabad HC5 Apr 2018CRLP/850/2018

Case brief

AI extract

What is this about?

This court granted special leave to petitioner, an informant, directing respondent State authorities to decide pending bail cancellation applications against accused within four weeks and to hear the petitioner's specific application on expeditious timeline.

What did the court decide?

Directing State authorities to decide bail cancellation applications within four weeks and to pass reasoned order on petitioner's application within stipulated time.

Abhay Nath Chaubey Vs State of U.P. and 3 Ors. — Bail and Remand | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 850 of 2018

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Petitioner :- Abhay Nath Chaubey Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Upendra Upadhyay, learned counsel for the petitioner, Sri S.K. Singh, learned counsel for the respondent No.4, Sri A.K. Sand, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This Writ Petition has been filed with a prayer to direct the State Authorities, i.e. respondent Nos. 1, 2 and 3 to take appropriate steps for moving bail cancellation application in pending criminal cases against respondent No.4 for flouting the conditions of bail order continuously for last 20 years and a direction be issued to respondent No.2 to pass appropriate and reasoned order on the application of petitioner dated 19.11.2017 within stipulated time.

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Learned counsel for the respondent No.4 states that he has filed his power on behalf of respondent No.4 in the registry of the Court on 29.03.2018.

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Learned A.G.A. has pointed out that the bail cancellation application has been moved by the State in four cases, out of which, three cases are pending before the court below at Varanasi and one at Bhadohi and he further stated that in the case under Gangster Act, though, State has filed bail cancellation application before court below but the bail has been granted by this Court, hence, necessary steps are being taken for his bail cancellation before the concerned Court.

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Learned counsel for the petitioner submitted that petitioner is informant of the case in Crime No. 378 of 2015 which was registered under Section 147, 148, 149, 302 I.P.C., P.S. Chaubepur District Varanasi and the accused

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respondent No.4 has criminal antecedents of 21 cases, out of which 7 are murder cases which has been disputed by the respondent No.4 and states that at the present moment, there are 6 cases pending against accused.

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It is directed that the bail cancellation applications which have been filed by the State or the complainant shall be decided by the court concerned within a period of four weeks from production of certified copy of this order after hearing counsel for the parties.

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Considering the prayer made by the petitioner, it is apparent that the bail cancellation has already been moved by the State, hence, this petition stands disposed of with the aforesaid directions.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.4.2018 A. Mandhani

Abhay Nath Chaubey v. State of U.P. and 3 Ors.

Case brief

What is this about?

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Abhay Nath Chaubey v. State of U.P. and 3 Ors.

Case brief

What is this about?

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What the court decided

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