Vivek Kumar Singh @ Vikki Vs State of U.P. and Another

Court No. - 84

Case :- APPLICATION U/S 482 No. - 11364 of 2010

Applicant :- Vivek Kumar Singh @ Vikki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Dayal Tiwari Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Saurabh Shyam Shamshery,J.

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This matter is taken up out of turn on a mention made by learned counsel for applicant.

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The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of Case No. 220 of 2008 (State vs. Vivek Kumar Singh), arising out of Case Crime No. 46 of 2008, under Section 3(1) Gangster Act, Police Station Sonaha, District Basti.

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Learned counsel for applicant, after arguing for some time, on instruction, submits that applicant is ready to surrender before the Trial Court and prayed that Trial Court be directed to consider his bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

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Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

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In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicant to surrender before Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

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As there is already an interim order which is continuing for the last 12 years, therefore, in the interest of justice the said interim order shall remain in force for a period of two weeks from today.

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Order Date :- 1.11.2022 AK

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Digitally signed by AWADESH KUMAR Date: 2022.11.01 16:48:03 IST Reason: Location: High Court of Judicature at Allahabad

Vivek Kumar Singh @ Vikki v. State of U.P. and Another

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Vivek Kumar Singh @ Vikki v. State of U.P. and Another

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