Dismissed

Udhan Singh Saini and Another v. State of U.P.

Allahabad HC9 Nov 2022ABAIL/10261/2022

Case brief

AI extract

What is this about?

The Single Judge court dismissed an anticipatory bail application as withdrawn. The court directed the applicants to surrender within four weeks for the regular bail application to be decided per Supreme Court guidelines in Satender Kumar Antil.

What did the court decide?

Application dismissed as withdrawn; applicants directed to surrender within four weeks for regular bail application consideration.

Udhan Singh Saini and Another Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10261 of 2022

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Applicant :- Udhan Singh Saini And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Mata Pher

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Hon'ble Krishan Pahal,J.

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Heard Sri Ashok Kumar Singh Bais, learned counsel for applicants and Sri Mata Pher Tiwari, learned counsel for the informant as well as Sri Vibhav Anand Singh, learned A.G.A. for State and also perused the material available on record.

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The present application for anticipatory bail has been filed for protection in regard to Misc. Criminal Case No.1605 of 2020, Sunil Mahija Vs. Udham Singh Saini and Others, arising out of Final Report No.48 of 2020 dated 01.08.2020 filed in Case Crime No.70 of 2020, under Sections 406, 420, 467, 468, 471 & 120-B I.P.C., P.S.- Gagalhedi, District- Saharanpur.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922 .

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Sri Mata Pher Tiwari, learned counsel for the informant as well as Sri Vibhav Anand Singh, learned A.G.A. have no objection to the prayer made by the learned counsel for the applicants.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within a period of four weeks from today and in case, a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra) .

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For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants- Udhan Singh Saini and Smt. Reena Saini , in the above case.

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With the above observations and directions, this application is disposed of.

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Order Date :- 9.11.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.11.10 13:50:09 IST Reason: Location: High Court of Judicature at Allahabad

Udhan Singh Saini and Another v. State of U.P.

Case brief

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Udhan Singh Saini and Another v. State of U.P.

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