Dismissed

Samsher and Others v. State of Up

Allahabad HC8 Sept 2021ABAIL/14016/2021

Case brief

AI extract

What is this about?

The Allahabad High Court rejected an anticipatory bail application filed under Section 438 Cr.P.C. However, considering the COVID-19 pandemic, the court directed the applicants to surrender within 15 days for bail consideration in accordance with the Supreme Court judgment in Hussain, with a conditional assurance that they would not be arrested till the surrender date.

What did the court decide?

The anticipatory bail application is rejected. It is directed that till the date of surrender, the applicants shall not be arrested provided they surrender within 15 days.

Samsher and Others Vs State of Up — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14016 of 2021 Applicant :- Samsher And Others Opposite Party :- State of U.P. Counsel for Applicant :- Lokesh Kumar Mishra,Martand Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicants as well as learned A.G.A.

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The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.0261 of 2021, under Section 147, 148, 307, 323, 504, 506 I.P.C., Police Station-Mauima, District-Prayagraj.

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From the record it is evident that the applicants have approached this Court straight way without getting their anticipatory bail rejected from the Court of Session

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.

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I have gone through the contents of the FIR. The applicants are named in the FIR. Keeping in view the role attributed to the applicants in the commission of the offence, the applicants deserve no liberty. Thus, I am not inclined to exercise my power under section 438 Cr.P.C. Under the circumstances, the present anticipatory bail application stands rejected.

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However, keeping in view the trying conditions on account of COVID pandemic, if the applicants surrenders before the court concerned within 15 days from today and apply for bail, the same shall be adjudicated and decided by the courts below in accordance with law as early as possible in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702 .

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Till the date of surrender, the applicants shall not be arrested in connection with Case Crime no.0261 of 2021, under Section 147, 148, 307, 323, 504, 506 I.P.C., Police Station-Mauima, District-Prayagraj.

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With the aforesaid observations, the present application stands disposed of.

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Order Date :- 8.9.2021 Sumit S

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Digitally signed by RAHUL CHATURVEDI Date: 2021.09.13 11:15:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Samsher and Others v. State of Up

Case brief

What is this about?

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Samsher and Others v. State of Up

Case brief

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