Dismissed

Vinay Kumar Pandey and Another v. State of U.P. and Another

Allahabad HC12 Oct 2023ABAIL/11272/2023

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What is this about?

This single judge court disposed of an anticipatory bail application after the applicant's counsel withdrew the prayer for release and instead sought a direction to the court below to hear and dispose of the related bail application expeditiously.

What did the court decide?

Direction to the court below to hear and dispose of the bail application of the applicants expeditiously.

Vinay Kumar Pandey and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:197074

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11272 of 2023

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Applicant :- Vinay Kumar Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi 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. 155 of 2023, under Sections 406, 504, 506 IPC IPC, P.S. Tharwai, District Prayagraj 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 applicant 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 applicants. It is further submitted that in the present case, maximum punishment for the aforesaid offences is seven years, therefore, applicants 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, 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 :- 12.10.2023 RavindraKSingh

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

Vinay Kumar Pandey and Another v. State of U.P. and Another

Case brief

What is this about?

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Vinay Kumar Pandey and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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