Disposed

Bhoopendra Kumar Singh v. State of U.P. and 2 Others

Allahabad HC21 Sept 2022A482/5137/2021

Case brief

AI extract

What is this about?

The applicant withdrew the prayer to quash an order but sought a direction for the lower court to decide his pending bail application based on the law in Satender Kumar Antil judgments. The court granted the direction.

What did the court decide?

Direction given to the trial court to decide the applicant's bail application based on the law laid down in Satender Kumar Antil judgments.

Bhoopendra Kumar Singh Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2022)

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Court No. - 89 Case :- APPLICATION U/S 482 No. - 5137 of 2021 Applicant :- Bhoopendra Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Pradeep Kumar Pandey

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Hon'ble Sameer Jain,J.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Maarjeet Mishra, Advocate holding brief of Sri Pradeep Kumar Pandey, learned counsel for the opposite party no.2, Dr. 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 impugned order dated 13.01.2021 arising out of Case Crime No. 90 of 2003 and proceeding of Case No. 1386 of 2011, under Sections 366, 498 IPC, Police Station Mahawan, District Mathura pending in the court of Judicial Magistrate, Mathura.

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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 and learned counsel for the opposite party no.2 are 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 four 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 :- 21.9.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.22 10:43:45 IST Reason: Location: High Court of Judicature at Allahabad

Bhoopendra Kumar Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Bhoopendra Kumar Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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