Disposed

Rajesh Kumar and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko and Another

Allahabad HC11 Jul 2022/1080/2022

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application after learning counsel sought dismissal with liberty to file regular bail. The court directed surrender within four weeks. No coercive action is permitted during this period.

What did the court decide?

No coercive action against applicants for four weeks or until surrender; liberty to file regular bail.

Rajesh Kumar and 2 Others Vs State of U.P. Thru. Its… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1080 of 2022

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Applicant :- Rajesh Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko And Another Counsel for Applicant :- Dinesh Kumar Shukla,Vyomesh Chandra Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Dinesh Kumar Shukla, learned counsel for applicants as well as Sri S.P. Tiwari, learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 507 of 2021, under sections 323, 504, 506, 308 I.P.C., P.S. Kotwali Nanpara, district Bahraich.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

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Learned A.G.A. has no objection to the prayer of learned counsel for the applicants.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid by Supreme Court vide order dated 7.10.2021 passed in the case of Satender Kumar Antil (supra) .

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For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants- Rajesh Kumar, Deepu Kumar and Harikesh Kumar, in the above case.

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With the above observations and directions, this application is disposed of.

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Order Date :- 11.7.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.07.12 10:22:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko and Another

Case brief

What is this about?

What did the court decide?

Rajesh Kumar and 2 Others v. State of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko and Another

Case brief

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What did the court decide?

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