Dismissed

Gani and 3 Others v. State of U.P. and Another

Allahabad HC16 Jul 2022CRLA/3221/2022

Case brief

AI extract

What is this about?

The single-judge Allahabad High Court disposed of Criminal Appeal No. 3221 of 2022. Refusing the prayer to quash impugned proceedings, the Court granted liberty to the appellants to approach the trial court for bail within fifteen days, referring to the Satender Kumar Antil Supreme Court judgment.

What did the court decide?

Prayer for quashing refused; liberty granted to apply for bail to be decided expeditiously within fifteen days.

Gani and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 89 Case :- CRIMINAL APPEAL No. - 3221 of 2022 Appellant :- Gani And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Surendra Kumar Counsel for Respondent :- G.A,Raj Mangal Tiwari,Vindhyachal Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for appellants as well as learned Additional Government Advocate for State as well as learned counsel for the complainant.

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The instant appeal has been filed for staying the operation of the impugned order dated 20.12.2021 passed by the Special Judge (S.C./S.T. Act), Farrukhabad in special session trial/complaint case No. 38/12/19 (Kanhaiya Vs. Gani and others", under Sections 323/504/506/452 I.P.C. and 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, 1989, P.S. Merapur, District Farrukhabad.

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Learned counsel for appellants, after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021".

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Learned A.G.A. has no objection to the said prayer of leaned counsel for the appellants, however, learned counsel appearing for the complainant has opposed the prayer of learned counsel for the appellants.

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In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellants namely Gani, Ravi, Khursheed and Kaliya appear before the trial court within fifteen days from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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The appeal is disposed of accordingly.

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Order Date :- 16.7.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.07.21 15:11:11 IST Reason: Location: High Court of Judicature at Allahabad

Gani and 3 Others v. State of U.P. and Another

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Gani and 3 Others v. State of U.P. and Another

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