Disposed

Sayyed Mohammad Shakir v. State of U.P. and Another

Allahabad HC3 Jan 2023ABAIL/11372/2022

Case brief

AI extract

What is this about?

The High Court dispositions an anticipatory bail application by directing the applicant to surrender within six weeks. Regular bail, if filed, will be decided per Supreme Court guidelines. No coercive action is allowed during this period.

What did the court decide?

Directed to surrender within six weeks; no coercive action for said period; liberty to file regular bail application.

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

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Court No. - 77

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11372 of 2022

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Applicant :- Sayyed Mohammad Shakir Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Supplementary affidavit filed on behalf of applicant, is taken on record. Office is directed to register the same.

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Heard Sri J.B. Singh, learned counsel for applicant as well as learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 51 of 2018, under Sections 420, 406, 506 I.P.C., P.S. Majhola, District Moradabad.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 2022 SCC OnLine SC 825. He further submits that the criminal history of the applicant has properly been explained in para 4 to the supplementary affidavit.

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Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid

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down by the Supreme Court in case of Satender Kumar Antil (supra).

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.

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

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Order Date :- 3.1.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Sayyed Mohammad Shakir v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sayyed Mohammad Shakir 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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