Disposed

Bashir Ahmad v. State of U.P and Another

Allahabad HC19 May 2022A482/4489/2022

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C to quash a charge sheet and cognizance order, the High Court granted liberty for the applicant to file a bail application in the trial court. A binding commitment was made to decide the bail within ten days if filed within fifteen days, relying on Supreme Court law.

What did the court decide?

Granted liberty to the applicant to file a bail application before the trial court within fifteen days, to be decided within ten days.

Bashir Ahmad Vs State of U.P and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 4489 of 2022

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Applicant :- Bashir Ahmad Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arun Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner/ applicant and learned counsel for the opposite parties as well as perused the record.

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The present petition under Section 482 Cr.P.C has been filed by the petitioner with the prayer to quash the charge sheet dated 30.06.2020 as well as cognizance order dated 17.02.2021 passed by Judicial Magistrate, Nawabganj, District - Bareilly and entire proceeding of Criminal Case No.435 of 2021, arising out of Case Crime No.0481 of 2019, under Sections 420, 504 and 506 I.P.C., Police Station - Nawabganj, Districr- Bareilly, pending in the court of Judicial Magistrate, Nawabganj, District - Bareilly.

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After arguing at some length, learned counsel for the petitioner submits that a liberty may be given to the petitioner/ applicant to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.

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As prayed by the learned counsel for the applicant / petitioner', it is provided that in case, the petitioner moves bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

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The petition is disposed of accordingly.

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Order Date :- 19.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.20 17:17:06 IST Reason: Location: High Court of Judicature at Allahabad

Bashir Ahmad v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Bashir Ahmad v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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