Disposed

Ameer Khan and 2 Others v. State of U.P. and Another

Allahabad HC8 Dec 2022ABAIL/12191/2022

Case brief

AI extract

What is this about?

Court disposed of an anticipatory bail application under Section 438 Cr.P.C. in a drug case after counsel withdrew the plea, granting a four-week reprieve before surrender to decide a regular bail application per the Satender Kumar Antil guidelines.

What did the court decide?

The applicants granted four weeks to surrender to the concerned court; no coercive action to be taken during this period; liberty to file regular bail application.

Ameer Khan and 2 Others Vs State of U.P. and Another — Bail and Remand | 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. - 12191 of 2022

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Applicant :- Ameer Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Rajesh Kumar Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for applicants as well as Sri Vibhav Anand Singh, learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Criminal Case Crime No. 0313 of 2020, under sections 8/20 of the N.D.P.S. Act, P.S. Tronika City, district Ghaziabad.

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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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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- Ameer Khan, Firoz @ Pappu and Smt. Shahanaz, 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 :- 8.12.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.12.09 18:35:16 IST Reason: Location: High Court of Judicature at Allahabad

Ameer Khan and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ameer Khan and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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