Disposed¶10

Mohammad Mahakar and Another v. State of U.P and Another

Allahabad HC14 Dec 2022ABAIL/12172/2022

Case brief

AI extract

What is this about?

Allahabad High Court; anticipatory bail; S. 438 Cr.P.C.; withdrawal with liberty; regular bail; Satender Kumar Antil guidelines; surrender within four weeks; protection from coercive action; IPC ss. 147, 149, 420, 452, 323, 354, 506; Case Crime No. 290 of 2022; P.S. Kotwali Nagar, Muzaffar Nagar; Krishan Pahal, J.; order dated 14.12.2022.

What did the court decide?

Application disposed of as withdrawn with liberty to file a regular bail application (to be decided per Satender Kumar Antil); applicants to surrender within four weeks; no coercive action against them for four weeks or until surrender, whichever is earlier. ¶10

Mohammad Mahakar and Another 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. - 12172 of 2022 Applicant :- Mohammad Mahakar And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A.,Atul Kumar Kushwaha

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Hon'ble Krishan Pahal,J.

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Heard Ms. Preeti Pandey, learned Advocate holding brief for Sri Firoz Haider, learned counsel for applicants, Sri Atul Kumar Kushwaha, learned counsel for the first informant as well as Sri Sushil Kumar, 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. 290 of 2022, under sections 147, 149, 420, 452, 323, 354, 506 I.P.C., P.S. Kotwali Nagar, district Muzaffar Nagar.

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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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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. and learned counsel for the first informant have 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- Mohammad Mahakar and Gulmahraj, 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 :- 14.12.2022\Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.12.15 09:54:51 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Mahakar and Another v. State of U.P and Another

Case brief

What is this about?

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Mohammad Mahakar and Another v. State of U.P and Another

Case brief

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