Disposed

Jahid @ Javed v. State of U.P. and Another

Allahabad HC8 Sept 2022A482/4235/2022

Case brief

AI extract

What is this about?

The court substituted a quashing prayer with a direction for the trial court to decide the applicant's bail application in light of the principles laid down in Satender Kumar Antil judgments. The main application was disposed of without actual quashing.

What did the court decide?

Direction to the Special Judge to decide applicant's bail application in light of Satender Kumar Antil judgments.

Jahid @ Javed Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 4235 of 2022

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Applicant :- Jahid @ Javed Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri K. N. Tripahit, Advocate holding brief of Sri Shashi Kumar Mishra, learned counsel for the applicant, Sri S. B. Maurya, learned AGA-I for the State and perused the record of the case.

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By way of the present application, the applicant made a prayer to quash the proceeding of S.T. No. 750 of 2021 (State v. Amreen Khan & others), arising out of Case Crime No. 281 of 2021, under Section 420, 504, 506 I.P.C. & Section 3(2)(va) of S.C./S.T. Act, Police Station Kotwali Nagar, District Etah, pending in the court of Special Judge, S.C./S.T. Act, Etah.

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Sri K. N. Tripathi, learned counsel for the applicant does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022 .

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Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras ).

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Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras) .

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With these direction/observation, the present application is, accordingly, disposed of .

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Order Date :- 8.9.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.09.09 16:40:35 IST Reason: Location: High Court of Judicature at Allahabad

Jahid @ Javed v. State of U.P. and Another

Case brief

What is this about?

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Jahid @ Javed v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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