Disposed

Sushil Kumar Shah @ Sushil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 Jul 2022/1099/2022

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. disposed of the anticipatory bail application filed by the applicant. The court directed the applicant to surrender within four weeks and allowed the request to treat the application as withdrawn with liberty to file a regular bail application, following the guidelines in Satender Kumar Antil.

What did the court decide?

Application disposed; applicant directed to surrender within four weeks; liberty granted to file regular bail application decided per Satender Kumar Antil guidelines.

Sushil Kumar Shah @ Sushil Vs State of U.P. Thru. Prin… — 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. - 1099 of 2022

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Applicant :- Sushil Kumar Shah @ Sushil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Durga Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for applicant and Sri Girjesh Kumar Dwivedi, learned A.G.A. for State .

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 51 of 2022, under sections 409, 406 I.P.C., P.S. Bhiti, district Ambedkar Nagar.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 applicant.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant 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 applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant- Sushil Kumar Shah @ Sushil , 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 :- 13.7.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.07.13 17:33:51 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Sushil Kumar Shah @ Sushil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Sushil Kumar Shah @ Sushil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

What the court decided

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