Disposed

Shailesh Upadhyay v. State of U.P.

Allahabad HC15 May 2023ABAIL/1389/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application under Section 438 Cr.P.C. for an IPC 420 case, the Court disposed of the plea. It directed the applicant to surrender within one month and file a regular bail application to be decided in light of the Satender Kumar Antil judgment. No coercive action was ordered for the interim period.

What did the court decide?

Application disposed; applicant directed to surrender within one month and file regular bail application decided per Satender Kumar Antil guidelines. No coercive action for interim period.

Shailesh Upadhyay Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:104145

¶2

Court No. - 83

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1389 of 2023

¶4

Applicant :- Shailesh Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Second supplementary affidavit filed today is taken on record.

¶8

Heard Sri Dr. Akhilesh Kumar, learned counsel for applicant as well as Sri R.K. Srivastava, learned Additional Government Advocate for State.

¶9

The present application for anticipatory bail has been filed for protection in regard to Case Crime No.597 of 2018, under Section 420 I.P.C., P.S. Tajganj, District Agra.

¶10

After arguing for some time, applicant's 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 .

¶11

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

¶12

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 applicant shall surrender before the concerned court below within one month 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) .

¶13

For the period of one month 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.

¶14

(Krishan Pahal, J.)

¶15

Order Date :- 15.5.2023 Ravi Kant

¶16

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

Shailesh Upadhyay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shailesh Upadhyay 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asad @ Mohd. Arshad Alam Vs State of U.P and 2 Others

Dileep Kumar and 3 Others Vs State of U.P.

Minakshi Vs State of U.P. and 2 Others

Akbar Shah Khan Vs State of U.P and Another

Pritam Vs State of U.P.

Saroj Kumar Vs State of U.P. and Another