Disposed

Vijay Kumar and 2 Others v. State of U.P. and Another

Allahabad HC1 Dec 2022ABAIL/12038/2022

Case brief

AI extract

What is this about?

Court dismissed an anticipatory bail application as withdrawn. Applicant granted liberty to file a regular bail application. Surrender directed within four weeks with no coercive action during the interim period. Case disposed based on Satender Kumar Antil guidelines.

What did the court decide?

Application dismissed as withdrawn. Liberty granted to file regular bail. Surrender directed within four weeks. No coercive action pending.

Vijay Kumar and 2 Others 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. - 12038 of 2022

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Applicant :- Vijay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Pankaj Kumar, learned Advocate holding brief for Sri Pramod Kumar Dwivedi, learned counsel for applicants as well as Sri R.P. Patel, learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 71 of 2022, under sections 147, 148, 149, 323, 504, 307 I.P.C., P.S. Chandapa, district Hathras.

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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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

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Learned A.G.A. has no objection to the prayer of 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 four weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid by 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- Vijay Kumar, Udaibhan and Amit 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 :- 1.12.2022\Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.12.01 18:07:11 IST Reason: Location: High Court of Judicature at Allahabad

Vijay Kumar and 2 Others v. State of U.P. and Another

Case brief

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Vijay Kumar and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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