Dismissed

Dashrath and 2 Others v. State of U.P. and Another

Allahabad HC16 Oct 2023ABAIL/11419/2023

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. disposed of an anticipatory bail application under S. 438 Cr.P.C. directing applicants to surrender within four weeks without coercive action and noting liberty to apply for regular bail based on Supreme Court guidelines.

What did the court decide?

No coercive action for four weeks; liberty to file regular bail application to be decided per Satender Kumar Antil guidelines.

Dashrath and 2 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:199218

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11419 of 2023

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Applicant :- Dashrath And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicants and Sri Ashutosh Srivastava, 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 Complaint Case No.1983 of 2013, under Sections 323, 504, 506, 452, 392 of I.P.C., P.S.- Saiyadraja, District- Chandauli.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be disposed of 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 .

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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 the direction that the applicants shall surrender before the court concerned within four weeks 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 four weeks from today or till the time of surrender of the applicants before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants, namely, Dashrath, Ramashankar and Pintu @ Satyendra , in the above case.

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(Justice Krishan Pahal)

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Order Date :- 16.10.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Dashrath and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dashrath and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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