Disposed

Mohammad Sajid v. State of U.P.

Allahabad HC27 Oct 2023ABAIL/11423/2023

Case brief

AI extract

What is this about?

The High Court disposed of the anticipatory bail application. The applicant withdrew the prayer for bail release and sought a direction for the lower court to dispose of the substantive bail application expeditiously following the Satender Kumar Antil judgment.

What did the court decide?

Application disposed with direction to lower court to expeditiously decide the applicant's bail application.

Mohammad Sajid Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:204798

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11423 of 2023

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Applicant :- Mohammad Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Rai Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for applicant, 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. 163 of 2015, under Sections 406, 420 IPC, P.S.Mandi, District Saharanpur during the pendency of trial.

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After arguing for some time, applicant's 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 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 applicant, the present anticipatory bail application is disposed of with the direction that in case the applicant 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 :- 27.10.2023 RavindraKSingh

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

Mohammad Sajid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Sajid v. State of U.P.

Case brief

What is this about?

What did the court decide?

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