Disposed

Habib Ahmad v. State of U.P. and Another

Allahabad HC20 Apr 2023ABAIL/124/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application. Counsel requested dismissal of the application as withdrawn with liberty to file a regular bail application following Supreme Court guidelines. The court permitted this, directing surrender within six weeks and holding no coercive action during that period.

What did the court decide?

Application dismissed as withdrawn with liberty to file regular bail; direction to surrender within six weeks; no coercive action allowed.

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

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 124 of 2023

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Applicant :- Habib Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Shakil Ahmad, learned counsel for applicant as well as Sri V.K.S. Parmar, learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No.35 of 2015, under Sections 420, 467, 468, 471, 504 and 506 I.P.C., P.S. Sherkot, District Bijnor.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 of learned counsel for the applicant.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six 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 case of Satender Kumar Antil (supra) .

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.

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With the above observations and directions, this application is disposed of .

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(Krishan Pahal, J.)

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Order Date :- 20.4.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Habib Ahmad v. State of U.P. and Another

Case brief

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Habib Ahmad v. State of U.P. and Another

Case brief

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