Disposed

Vasail Ahmad and Ors. v. the State of U.P and Anr.

Allahabad HC23 Aug 2022/1657/2015

Case brief

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What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashing of proceedings. It directed applicants to surrender within ten days to apply for regular bail, which will be considered based on the Supreme Court judgment in Aman Preet Singh regarding bail for non-arrested accused.

What did the court decide?

Direction to surrender within ten days and apply for regular bail; bail to be considered if filed in light of Aman Preet Singh.

Vasail Ahmad and Ors. Vs the State of U.P and Anr. — Bail and Remand | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 1657 of 2015

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Applicant :- Vasail Ahmad And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- S.A Siddiqui,Ghanshyam Yadav Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the petitioners and Sri Rao Narendra Singh, learned AGA.

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Present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet and the entire proceedings of Session Trial No.47 of 2001, arising out of Crime No.82 of 2000, under Section 2/3 of U.P. Gangsters Act, Police Station Nawabganj, District Pratapgarh, pending in the court of Additional Session Judge, Court No.5, Pratapgarh.

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Learned counsel for the applicants submits that this application may be disposed of with a direction to the learned Magistrate concerned to consider bail application of the applicants in light of judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021, Aman Preet Singh Vs.

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C.B.I. Through Director.

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I have considered the submissions advanced by the learned counsel for the applicant as well as the learned AGA, representing respondent-State.

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The Supreme Court in Aman Preet Singh (supra) has inter alia held that if a person, who is an accused in a nonbailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

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In view of submissions advanced on behalf of the applicants, this application is disposed of with a direction to the applicants to surrender before the trial Court within a period of ten days from today and apply for regular bail and, if the applicants do so, their bail application shall be considered in light of the judgment passed by the Supreme Court in Aman Preet Singh (supra).

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Order Date :- 23.8.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.08.23 18:17:18 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vasail Ahmad and Ors. v. the State of U.P and Anr.

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Vasail Ahmad and Ors. v. the State of U.P and Anr.

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