Disposed

Radheyshyam and 3 Others v. State of U.P.

Allahabad HC2 Nov 2022ABAIL/9705/2022

Case brief

AI extract

What is this about?

This single-judge order disposed of an anticipatory bail application filed under CrPC Section 438. The court allowed the applicant's alternative prayer for surrender within one month to file a regular bail application in accordance with the Guidelines in Satender Kumar Antil, directing no coercive action during that period.

What did the court decide?

Directed applicants to surrender within one month to file regular bail; no coercive action during interim.

Radheyshyam and 3 Others Vs State of U.P. — 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. - 9705 of 2022

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Applicant :- Radheyshyam And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Krishan Pahal,J.

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Heard Sri Kamlesh Kumar Tiwari, 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 Case Crime No.142 of 2022, under Sections 323, 504, 506 and 308 I.P.C., P.S. Gagaha, District Gorakhpur.

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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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

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For the period of one month 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- Radheyshyam, Musai, Jayshree and Golu @ Harsh, 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 :- 2.11.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.11.02 17:16:32 IST Reason: Location: High Court of Judicature at Allahabad

Radheyshyam and 3 Others v. State of U.P.

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Radheyshyam and 3 Others v. State of U.P.

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