Criminal Court No. 71 disposed of Section 482 application by the applicant seeking bail. The court directed the trial court to grant an early hearing on a bail application within 15 days, citing Satender Kumar Antil and Brahm Singh.
Direction to the trial court to decide the bail application as soon as possible if moved within 15 days.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 43507 of 2022
Applicant :- Indermani Yadav @ Kallu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Non Bailable Warrant Dated 12.04.2018 passed by the Judicial Magistrate-1st, Bhadohi, in Case No.130 of 2013 (State Vs. Tuntun Bhuj and others), arising out of Case Crime No. 76 of 2012, under Sections 147, 148, 149, 332, 353, 336 I.P.C., and Section 7 Criminal Law Amendment Act, Police Station Durgaganj, District Bhadohi, pending in the court of Judicial Magistrate-I, Bhadohi.
In the Court, learned counsel for the applicant only submitted that some direction be issued to the court concerned regarding bail as he wants to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicant appears before the trial court within 15 days from today and moves an application for bail before the trial court, the same shall be decided as soon as possible in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 18.1.2023 Radhika
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad
3 issues framed by the court
Whether to issue direction to the trial court regarding bail application for the applicant.
Whether to quash the Non Bailable Warrant in light of the applicant's desire to surrender.
How to apply bar on anticipatory bail orders for pending bail applications as per law laid down in Satender Kumar Antil.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Indermani Yadav @ Kallu
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
