Disposed

Shabeena and 2 Others v. State of U.P.

Allahabad HC6 Dec 2023ABAIL/13458/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous application for anticipatory bail under Section 438 Cr.P.C., the High Court dismissed the request for immediate bail. Instead, the court directed the applicants to file a regular bail application within six weeks, relying on Satender Kumar Antil guidelines. The order also granted immunity from coercive action until surrender.

What did the court decide?

No coercive action to be taken for six weeks; direction to file regular bail application thereafter.

Shabeena and 2 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:230815

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13458 of 2023

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Applicant :- Shabeena And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir 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 Abhishek Kumar Shukla, Sri Amit Shukla, learned counsels for applicants as well as Sri Shakil Ahmad, 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 No.2136 of 2021 arising out of Case Crime No.84 of 2021 (State of U.P. vs. Mustaqeem and Another), under Sections 147, 148, 149, 308, 323, 504 and 506 I.P.C., P.S. Ramala, District Bagpat.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be disposed of with a direction 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 applicants.

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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 a direction that the applicants shall surrender before the concerned court 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 applicants before the concerned court, whichever is earlier, no coercive action shall be taken against the applicants- Shabeena, Gulshana and Shabnam, in the above case.

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Order Date :- 6.12.2023

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Ravi Kant

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(Krishan Pahal, J.)

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

Shabeena and 2 Others v. State of U.P.

Case brief

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Shabeena and 2 Others v. State of U.P.

Case brief

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