Disposed

Kuldeep Tiwari and 3 Others v. State of U.P and Another

Allahabad HC28 Jan 2023A482/41474/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed by persons under accused in a POCSO case. Upon instructions, the applicant wished only for bail consideration. The court ordered that if applicants surrender within three weeks and apply for bail in the trial court, it will consider the bail application in view of the law laid down by the Apex Court in Satender Kumar Antil c

What did the court decide?

Application disposed off; if applicants surrender within three weeks and apply for bail in trial court, bail to be considered per Satender Kumar Antil law.

Kuldeep Tiwari and 3 Others Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 41474 of 2022

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Applicant :- Kuldeep Tiwari And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 05.10.2017 and cognizance order dated 17.07.2018 as well as entire proceedings of Special Sessions Trial No. 66 of 2018, arising out of Case Crime No. 393 of 2017, under Sections 363, 366 IPC and Section 17/18 of POCSO Act, Police Station Pathra Bazar, District Siddharth Nagar, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Siddharth Nagar.

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After some arguments, learned counsel for the applicants has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicants are ready to surrender before the court below and seek their bail and that their bail application be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

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Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

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In view of the above, in case the applicants appear/ surrender before the court below within three weeks from today and apply for bail, their bail application be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773, after hearing the parties.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 28.1.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Kuldeep Tiwari and 3 Others v. State of U.P and Another

Case brief

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Kuldeep Tiwari and 3 Others v. State of U.P and Another

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