Dismissed

Deva and Another v. State of U.P. and 3 Others

Allahabad HC15 Dec 2023ABAIL/10446/2023

Case brief

AI extract

What is this about?

A single judge of the Allahabad High Court rejected the prima facie case for anticipatory bail under Section 438 Cr.P.C. The application was disposed of with a direction for the applicants to surrender within one month and file a regular bail application in light of Supreme Court guidelines.

What did the court decide?

No coercive action to be taken for one month or until surrender; directed to surrender within one month and file regular bail application.

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

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Neutral Citation No. - 2023:AHC:237463

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10446 of 2023

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Applicant :- Deva And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicants as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the record.

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The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 80 of 2022, under Sections 354-A, 354-B, 452 I.P.C. and 7/8 POCSO Act, P.S.- Karhal, District- Mainpuri.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be disposed of with a direction to file a regular bail application which may be decided 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 , 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 applicants.

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After hearing learned counsel for the parties, no case is made out for interference u/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicants shall surrender before the concerned court within one month from today and in case, a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra) .

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For the period of one month from today or till the time of surrender of the applicants before the concerned court, whichever is earlier, no coercive action shall be taken against the applicants- Deva and Jitendra , in the above case.

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(Justice Krishan Pahal)

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Order Date :- 15.12.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Deva and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deva and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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