Disposed

Akbar v. State of U.P. and Another

Allahabad HC21 Apr 2023A482/4675/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant sought surrender before the court below. The High Court directed him to file a surrender application within 8 days, stayed coercive action for 21 days, and directed the lower court to follow Satender Kumar Antil guidelines for bail. The Section 482 application is disposed of.

What did the court decide?

Direction to file surrender application by 08.05.2023; stay on coercive action for 21 days; lower court to hear application per Satender Kumar Antil guidelines.

Akbar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 4675 of 2023

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Applicant :- Akbar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicant, Sri Amit Singh Chauhan, learned AGA-I for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant challenging the charge sheet dated 31.08.2022 arising out of Case Crime No. 339 of 2021, under Sections 420, 447, 467, 468, 471 IPC, Police Station Jarcha, District Greater Noida (Commissionerate), Gautam Budh Nagar, pending in the Court of ACJM-1, Gautam Budh Nagar.

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At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submissions, requesting to grant some protection to the applicant to surrender before the concerned court below. He further submits at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant does not press the relief as sought for by him on merits and wants to surrender before the concerned court below, State has no objection in granting protection to him for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the

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applicant shall file a surrender application before the concerned court below on or before 08.05.2023. On receiving the surrender application, the court concerned shall obtain instructions from the Public Prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application.

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On the date fixed by the court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the Public Prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another , (2021) 10 SCC 773 .

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For the period of 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant.

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In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants as required under the law.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 21.4.2023 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Akbar v. State of U.P. and Another

Case brief

What is this about?

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Akbar v. State of U.P. and Another

Case brief

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