Disposed

Umesh Kumar and 5 Others v. State of U.P. and Another

Allahabad HC28 Nov 2022ABAIL/6348/2021

Case brief

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What is this about?

The single judge disposed of the anticipatory bail application directed the applicants to surrender within four weeks and filed a regular bail application under Satender Kumar Antil guidelines. No coercive action is taken during this period.

What did the court decide?

Allowed only on alternative prayer; applicants must surrender within four weeks and file regular bail application.

Umesh Kumar and 5 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. - 6348 of 2021

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Applicant :- Umesh Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adesh Kumar,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.,Rajnish Kumar Pandey,Santosh Kumar Pandey

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Hon'ble Krishan Pahal,J.

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Heard Sri Sanjay Kumar Srivastava, learned counsel for applicants and Sri Santosh Kumar Pandey, learned counsel for the informant as well as 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. 33 of 2021, under Sections 498-A, 323, 307,354(B), 504, 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, P.S.- Thana Bhawan, District- Shamli.

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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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 2021 SCC Online SC 922 .

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Sri Santosh Kumar Pandey, learned counsel for the informant as well as learned A.G.A. for State have no objection to the prayer made by the 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 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 applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants- Umesh Kumar, Surendra Kumar, Smt. Rekha Devi, Monika, Priya and Deepak , 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 :- 28.11.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.11.29 13:40:48 IST Reason: Location: High Court of Judicature at Allahabad

Umesh Kumar and 5 Others v. State of U.P. and Another

Case brief

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Umesh Kumar and 5 Others v. State of U.P. and Another

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