Disposed

Shahdab Husain Bakshi v. State of U.P.

Allahabad HC8 May 2023ABAIL/163/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an anticipatory bail application under Section 438 Cr.P.C. filed by Shahdab Husain Bakshi, directing surrender within one month and deciding subsequent bail application based on Satender Kumar Antil guidelines.

What did the court decide?

Anticipatory bail application disposed of with direction to surrender within one month; coercive action stayed. Regular bail to be decided later.

Shahdab Husain Bakshi Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:97985

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 163 of 2023

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Applicant :- Shahdab Husain Bakshi Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi 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 Keshari Nath Tripathi, learned counsel for the applicant as well as Sri Rohit Dubey, learned A.G.A. for the State and also perused the record.

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The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 149 of 2022, under Sections 498-A, 323, 504, 506 of I.P.C., Sections 3/4 of Dowry Prohibition Act and Sections 3/4 of Muslim Mahila (Prevention of Right on Marriage) Act, P.S.- Nagphani, District- Moradabad.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be disposed of 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 made by the learned counsel for the applicant.

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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 the 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 the case of Satender Kumar Antil (supra) .

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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.

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(Justice Krishan Pahal)

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Order Date :- 8.5.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Shahdab Husain Bakshi v. State of U.P.

Case brief

What is this about?

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Shahdab Husain Bakshi v. State of U.P.

Case brief

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