Disposed

Horilal v. State of U.P. and Another

Allahabad HC17 Oct 2023ABAIL/11488/2023

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application under Section 438 Cr.P.C. The applicant was directed to surrender within four weeks. The court ensured no coercive action would be taken during this period or until surrender. A regular bail application, if filed, would be decided in view of rulings in Satender Kumar Antil. No objection was raised by the informant or State to the prayer.

What did the court decide?

Applicant directed to surrender within four weeks; no coercive action till surrender or application disposal; regular bail to be decided per Satender Kumar Antil.

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

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Neutral Citation No. - 2023:AHC:200346

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11488 of 2023

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Applicant :- Horilal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Srivastava Counsel for Opposite Party :- G.A.,Ram Prakash Patel

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Sanjai Srivastava, learned counsel for the applicant and Sri Vidya Dhar Yadav, Advocate holding brief of Sri Ram Prakash Patel, learned counsel for the informant as well as Sri V.K.S. Parmar, 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 Case No. 72 of 2023 arising out of FIR/Case Crime No. 198 of 2022, under Sections 420, 467, 468, 471, 504 & 506 of I.P.C., P.S.- Patwai, District- Rampur.

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After arguing for some time, applicant's 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 counsel for the informant as well as learned AGA have no objection to the prayer made by the learned counsel for the applicant.

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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 applicant 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 applicant before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.

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(Justice Krishan Pahal)

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Order Date :- 17.10.2023 Siddhant

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

Horilal v. State of U.P. and Another

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Horilal v. State of U.P. and Another

Case brief

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