Disposed

Jitendra Kumar Paswan @ Jitendra Kumar v. State of U.P.

Allahabad HC5 Dec 2023ABAIL/12705/2023

Case brief

AI extract

What is this about?

The High Court disposed of the anticipatory bail application without granting release, directing the lower court to adjudicate the pending bail application expeditiously in line with the Satender Kumar Antil judgment, considering the maximum sentence was seven years.

What did the court decide?

Anticipatory bail application disposed; direction to lower court to decide pending bail application expeditiously.

Jitendra Kumar Paswan @ Jitendra Kumar Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

¶1

Neutral Citation No. - 2023:AHC:230050

¶2

Court No. - 71

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12705 of 2023

¶4

Applicant :- Jitendra Kumar Paswan @ Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

Heard learned counsel for applicant, learned A.G.A. for State and also perused the material available on record.

¶7

The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 791 of 2023, under Sections 420 IPC, P.S. Gulriha, District Gorakhpur, during the pendency of investigation.

¶8

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.

¶9

Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant. 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.

¶10

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

¶11

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).

¶12

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

¶13

Order Date :- 5.12.2023 RavindraKSingh

¶14

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

Jitendra Kumar Paswan @ Jitendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Paswan @ Jitendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mahesh Sharma Vs State of U.P.

Tajuddin Vs State of U.P. and Another

Man Singh Yadav @ Pappu Vs State of U.P.

Parvej Vs State of U.P. and Another

Bantu @ Rum Singh Vs State of U.P.

Kumari @ Shama Parveen Vs State of U.P. and 3 Others