Dismissed

Hasiyat v. State of U.P. and Another

Allahabad HC19 Nov 2022ABAIL/11019/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application under S. 438 Cr.P.C., the High Court disposed of the matter based on the application's counsel's prayer for withdrawal with liberty to file a regular bail application, directing surrender within one month to comply with Supreme Court guidelines.

What did the court decide?

Application dismissed as withdrawn with liberty to file a regular bail application; applicant directed to surrender within one month; no coercive action to be taken during this period.

Hasiyat Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11019 of 2022 Applicant :- Hasiyat Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Chandra Pratap Counsel for Opposite Party :- G.A.

¶2

Hon'ble Krishan Pahal,J.

¶3

Heard Sri Shyam Sundar Mishra, Advocate holding brief of Shri Harish Chandra Pratap, learned counsel for applicant as well as Smt. Ladli Pandey, learned Additional Government Advocate for State.

¶4

The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 0522 of 2022, under Sections 147, 307, 504, 506 and 395 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Kotwali, District Basti.

¶5

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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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

¶6

Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

¶7

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 one month 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 case of Satender Kumar Antil (supra) .

¶8

For the period of one month 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.

¶9

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

¶10

Order Date :- 19.11.2022 Shafique

¶11

Digitally signed by SAFIKUR RAHAMAN Date: 2022.11.21 10:35:11 IST Reason: Location: High Court of Judicature at Allahabad

Hasiyat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hasiyat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nazim Vs State of U.P. and 3 Others

Mahesh Singh Vs State of U.P.

Susheel Kumar Vs State of U.P. and Another

Hariram Vs State of U.P.

Chandresh Harit Vs State of U.P.

Saddam Vs State of U.P.