Disposed

Harendra Singh and 2 Others v. State of U.P.

Allahabad HC9 Feb 2023ABAIL/1481/2023

Case brief

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What is this about?

Applicants moved an anticipatory bail application in Cr. Case 3051 of 2021 which was withdrawn and alternatively prayed to be disposed of with liberty to file regular bail guided by Supreme Court law.

What did the court decide?

Applicants directed to surrender within four weeks; no coercive action during this period; liberty to file regular bail to be decided per Supreme Court law.

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

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Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1481 of 2023 Applicant :- Harendra Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Kuldeep Singh Chahar, learned counsel for applicants as well as Sri Amit Singh Chauhan, learned Additional Government Advocate for State.

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The present application has been moved seeking anticipatory bail in Criminal Case No.3051 of 2021, arising out of Case Crime No. 129 of 2020, under Sections 447, 434, 34 IPC and 3/5 Prevention of Damage to Public Property Act, 1984, P.S.Achhnera, District-Agra , with the prayer that in the event of arrest, applicants may be released on bail.

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After arguing the matter at length, learned counsel for the applicants confined his relief on the aforesaid prayer and submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 applicants.

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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 applicants shall surrender before the concerned court below 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 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 applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants, in the above case.

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

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Order Date :- 9.2.2023/Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Harendra Singh and 2 Others v. State of U.P.

Case brief

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Harendra Singh and 2 Others v. State of U.P.

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