Disposed

Tara Chandra @ Tara Singh and 2 Others v. State of U.P Thru. Prin. Secy. Home Lko. and Another

Allahabad HC26 Jul 2023/2171/2023

Case brief

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What is this about?

The Allahabad High Court, while hearing a prayer to quash criminal proceedings, directed the trial court to decide the applicant's pending bail application based on the law laid down in Satender Kumar Antil if the applicant files it within 15 weeks.

What did the court decide?

Applicant to apply for bail within 15 weeks; Trial Court to decide such bail application following law in Satender Kumar Antil.

Tara Chandra @ Tara Singh and 2 Others Vs State of U.P Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:49158

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Court No. - 29

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Case :- CRIMINAL APPEAL No. - 2171 of 2023

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Appellant :- Tara Chandra @ Tara Singh And 2 Others Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Bare Lal Bhartiya Counsel for Respondent :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Shri Bare Lal Bhartiya, learned counsel for applicants, learned AGA for the State and perused the record of the case.

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By way of the present application, the applicants made a prayer to quash the proceedings of Special Session Case No. 301 of 2019 and summoning order dated 18.09.2019, under Sections 323, 504 I.P.C. and under Section 3(1)d and 3(1) dha of SC/ST Act, Police Station Nigoha, District Lucknow pending in the court of Special Judge SC/ST Act, Lucknow.

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Learned counsel for the applicant does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation , reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022 .

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Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

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Accordingly, it is directed that if applicant appears before the trial court within 15 weeks from today and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).

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With these direction/observation, the present application is, accordingly, disposed of .

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(Renu Agarwal,J.)

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Order Date :- 26.7.2023 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad, Lucknow Bench

Tara Chandra @ Tara Singh and 2 Others v. State of U.P Thru. Prin. Secy. Home Lko. and Another

Case brief

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Tara Chandra @ Tara Singh and 2 Others v. State of U.P Thru. Prin. Secy. Home Lko. and Another

Case brief

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