Disposed

Vijay Kumar v. State of U.P. and Another

Allahabad HC9 Sept 2022A482/23925/2022

Case brief

AI extract

What is this about?

The applicant withdrew the prayer to quash proceedings in a criminal case but sought a direction for expedited bail decision. The court directed the lower court to decide the bail application expeditiously following the Special Leave Petition procedure.

What did the court decide?

Direction to lower court to decide the pending bail application within three weeks in view of Apex Court judgments in Satender Kumar Antil cases.

Vijay Kumar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 23925 of 2022

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Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ran Vijay Singh, learned counsel for the applicant and Dr. S.B. Maurya learned AGA-1 appearing on behalf of the State-respondent.

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By way of filing present application u/s 482 Cr.P.C. applicant prayed to quash the charge sheet no. 27.1.2008 as well as summoning order dated 6.2.2008 and non bailable warrant dated 5.5.2022 in case No. 3838 of 2008 now new no. 231 of 2019, under Sections 419, 420, 467, 468, 471 IPC, pending in the court of Additional Chief Judicial Magistrate, Court No.V, Varanasi.

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At the very outset, learned counsel for the applicant submitted that he does not want to press the prayer made in the present application. He further submitted that he only confines his prayer to pass direction to the lower court that when the applicant will appear and apply for bail then his bail application shall be decided in view of the observation made by the Apex Court in the cases of Satender Kumar Antil Vs. CBI & others reported in [2021 (10) SCC 773] and Satender Kumar Antil Vs. CBI & others reported in [MANU/SC/0851/2022] .

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Learned AGA submitted that he has no objection if such direction is given as learned counsel for the applicant himself does not want to press the prayer made in the present application u/s 482 Cr.P.C. and only confine to his prayer that a suitable direction may be given to the court below in view of the Apex Court judgements passed in the cases of Satender Kumar Antil (supras) .

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In the aforesaid facts and circumstances of the case, it is directed that if the applicant appears before the court below within three weeks from today and applies for bail then his bail application shall be decided by the court below in view of law laid down by the Apex Court in the cases of Satender Kumar Antil(supras).

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With the aforesaid observation, the present application u/s 482 Cr.P.C. is disposed off .

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Order Date :- 9.9.2022

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Ankita

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Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.12 10:10:31 IST Reason: Location: High Court of Judicature at Allahabad

Vijay Kumar v. State of U.P. and Another

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Vijay Kumar v. State of U.P. and Another

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