Disposed

Ram Swarath and 13 Others v. State of U.P. and Another

Allahabad HC6 Sept 2023ABAIL/10087/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application, the applicant withdrew the prayer for release but sought a direction that the lower court decide their bail application expeditiously in compliance with the Supreme Court ruling in Satender Kumar Antil.

What did the court decide?

Direction to the lower court to hear and dispose of the bail application expeditiously if filed within 30 days.

Ram Swarath and 13 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:175673

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10087 of 2023

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Applicant :- Ram Swarath And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for applicants, learned A.G.A. for State and also perused the material available on record.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 223 of 2022, under Sections 147, 323, 504, 506, 341, 336, 353 IPC and Section 7 of Criminal Law Amendment Act, 2013, P.S. Dubauliya, District Basti during the pendency of trial.

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After arguing for some time, applicants' counsel submits that he does not want to press the prayer for release of the applicants on anticipatory bail. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgement in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

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Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant. It is further submitted that in the present case, maximum punishment for the aforesaid offences is seven years, therefore, applicant may move bail application through counsel in light of order of Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, Special Leave to Appeal (Crl.) No(s). 5191 of 2021 dated 07.10.2021.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, the present anticipatory bail application is disposed of with the direction that in case the applicants filed bail application before the court below within 30 days from today, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid down by this court in the case of Satender Kumar Antil (supra).

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With the above observations and directions, this application is disposed of.

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Order Date :- 6.9.2023 RavindraKSingh

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

Ram Swarath and 13 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Swarath and 13 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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