Disposed

Movajjam Khan v. State of U.P. and Another

Allahabad HC1 Nov 2022ABAIL/10582/2022

Case brief

AI extract

What is this about?

The applicant filed an anticipatory bail application. Counsel requested dismissal with liberty to file a regular bail application relying on Satender Kumar Antil guidelines. The court directed surrender within four weeks, prohibited coercive action during that period, and allowed the regular bail application to be decided according to Supreme Court guidelines.

What did the court decide?

Applicant directed to surrender within four weeks; no coercive action allowed during this period; liberty to file regular bail application subject to Supreme Court guidelines.

Movajjam Khan Vs State of U.P. and Another — Anticipatory Bail | 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. - 10582 of 2022

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Applicant :- Movajjam Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punita Pandey,Shweta Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri I.M. Khan, learned counsel for applicant and Sri R.P. Yadav, learned counsel for the informant as well as Sri R.P. Patel, 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 FIR/Case Crime No. 424 of 2019, under Sections 147, 323, 504, 506, 452, 324, 427, 308, 34 I.P.C., P.S.- Shahganj, District- Jaunpur.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 2022 SCC Online SC 825 .

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Per contra, Sri R.P. Yadav, learned counsel for the informant as well as Sri R.P. Patel, learned A.G.A. have vehemently opposed the prayer for anticipatory bail application but they have no objection to the prayer made by the learned counsel for the applicant.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant 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 applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, 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 :- 1.11.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.11.01 17:02:24 IST Reason: Location: High Court of Judicature at Allahabad

Movajjam Khan v. State of U.P. and Another

Case brief

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Movajjam Khan v. State of U.P. and Another

Case brief

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