Nathuram Yadav and 4 Others v. State of U.P. and Another

Allahabad HC30 Oct 2023ABAIL/11525/2023

Case brief

AI extract

What is this about?

Anticipatory bail S.438 Cr.P.C. prayer not pressed; application disposed with direction to trial court to decide bail application expeditiously per Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922; SLP (Crl.) No. 5191 of 2021, order dated 07.10.2021). Case Crime No. 212 of 2019, Ss. 147/323/504/506/452/427 IPC, P.S. Rohaniya, Varanasi; maximum punishment seven years; no merits decision on anticipatory bail. High Court of Judicature at Allahabad, Shekhar Kumar Yadav, J., order dated 30.10.2023; neutral citation 2023:AHC:207267.

What did the court decide?

Direction to the court below to hear and dispose of the applicants' bail application expeditiously in view of the settled law in Satender Kumar Antil (supra); the prayer for anticipatory bail was not pressed and was not decided on merits. ¶¶10

Nathuram Yadav and 4 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:207267

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11525 of 2023

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Applicant :- Nathuram Yadav And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hira Lal 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. 212 of 2019, under Sections 147, 323, 504, 506, 452, 427, IPC, P.S. Rohaniya, District Varanasi during the pendency of trial.

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After arguing for some time, applicants' 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 applicants. It is further submitted that in the present case, maximum punishment for the aforesaid offences is seven years, therefore, applicants 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 applicants, the present anticipatory bail application is disposed of with the direction that in case the applicants 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 :- 30.10.2023 RavindraKSingh

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

Nathuram Yadav and 4 Others v. State of U.P. and Another

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Nathuram Yadav and 4 Others v. State of U.P. and Another

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