Disposed

Kuldeep v. State of U.P. and 3 Others

Allahabad HC29 Aug 2023ABAIL/12074/2022

Case brief

AI extract

What is this about?

Course corrected to Cult. The High Court disposed of an anticipatory bail application under Section 438 Cr.P.C., directing the applicant to surrender within four weeks and forbidding coercive action until then, granting liberty for future regular bail decided per SC guidelines.

What did the court decide?

No coercive action taken for four weeks or until surrender; liberty to file regular bail granted for disposal per Supreme Court guidelines.

Kuldeep Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:174344

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12074 of 2022

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Applicant :- Kuldeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuruddh Chaturvedi Counsel for Opposite Party :- G.A.,Joveen Kumar

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Gagan Pratap Singh, Advocate holding brief of Sri Anuruddh Chaturvedi, learned counsel for the applicant 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 FIR/Case Crime No. 0231 of 2022, under Sections 363, 366, 506, 114, 376, 328, 120-B of I.P.C. and Sections 3/4 of POCSO Act, P.S.Ghoorpur, District- Prayagraj.

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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 A.G.A. has 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 :- 29.8.2023 Siddhant

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

Kuldeep v. State of U.P. and 3 Others

Case brief

What is this about?

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Kuldeep v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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