Disposed

Akhilesh Kumar v. State of U.P. and Another

Allahabad HC28 Oct 2023ABAIL/11505/2023

Case brief

AI extract

What is this about?

The Court disposed of an anticipatory bail application without granting release. Instead, it directed the lower court to decide the applicant's bail application filed in Case Crime No. 429 of 2023 expeditiously, citing the Supreme Court's judgment in Satender Kumar Antil.

What did the court decide?

Anticipatory bail application disposed of with direction to lower court to decide bail application expeditiously.

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

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Neutral Citation No. - 2023:AHC:205739

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11505 of 2023

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Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Pandey 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. 429 of 2023, under Sections 147, 148, 149, 160, 323, 504, 506, 353, 332 IPC and Section 7 of Criminal Law Amendment Act, P.S. Fatehgarh Kotwali, District Fatehgarh 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 applicant 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, 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 :- 28.10.2023 RavindraKSingh

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

Akhilesh Kumar v. State of U.P. and Another

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Akhilesh Kumar v. State of U.P. and Another

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