Disposed¶9

Aakash v. State of U.P. and Another

Allahabad HC7 Apr 2023A482/11999/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application withdrawn; Allahabad High Court; Vivek Varma J.; applicant Aakash; State of U.P.; IPC Sections 147, 323, 504, 506, 325, 435, 308; Case Crime No. 0040 of 2020; PS Sikariganj, Gorakhpur; Criminal Case No. 10629 of 2020; charge-sheet A 77/20 dated 15.06.2020; cognizance/summoning order 06.11.2020; Judicial Magistrate-II Gorakhpur; liberty to file bail; Satender Kumar Antil v. CBI, SLP (Crl.) 5191 of 2021; disposed as withdrawn on 7.4.2023.

What did the court decide?

Liberty to the applicant to appear before the court below and file an appropriate application for bail, to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation and another (SLP (Crl.) No. 5191 of 2021). ¶9

Aakash Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 10629 of 2020, the charge-sheet no. A 77/20 dated 15.06.2020 and the cognizance/summoning order dated 06.11.2020 could be quashed under Section 482 Cr.P.C. +1 more

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Ratio / Principle

The application under Section 482 Cr.P.C. was disposed of as withdrawn, with liberty to the applicant to appear before the court below and file an appropriate application for bail.

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Key takeaways

Any bail application filed by the applicant shall be decided by the court below in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021, decided on 07.10.2021.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.) — Application under Section 482 Cr.P.C. (No. 11999 of 2023) by Aakash seeking quashing of the entire proceedings of Criminal Case No. 10629 of 2020 (State v. Aakash and others), arising out of Case Crime No. 0040 of 2020 under Sections 147, 323, 504, 506, 325, 435, 308 I.P.C., Police Station Sikariganj, District Gorakhpur, together with charge-sheet no. A 77/20 dated 15.06.2020 and the cognizance/summoning order dated 06.11.2020 passed by the Judicial Magistrate-II, Gorakhpur. After argument, counsel for the applicant sought withdrawal with liberty to file a bail application; the A.G.A. raised no objection. Held: application disposed of as withdrawn with liberty to appear before the court below and file an appropriate bail application, to be decided in the light of Satender Kumar Antil v. Central Bureau of Investigation and another, SLP (Crl.) No. 5191 of 2021 (decided 07.10.2021). Order date: 7.4.2023.

Aakash v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aakash v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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