Dismissed

Shobha Devi and 3 Others v. State of U.P. and Another

Allahabad HC3 Apr 2023ABAIL/2774/2023

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What is this about?

The High Court refused to grant anticipatory bail again, directing the applicants to apply for bail before the trial court. The court noted a prior application for quashing was withdrawn with liberty to approach the trial court for bail in accordance with S.K. Antil.

What did the court decide?

Anticipatory bail application dismissed; accused directed to apply for bail before the trial court.

Shobha Devi and 3 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 84

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2774 of 2023

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Applicant :- Shobha Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned AGA and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Shobha Devi, Narsingh, Vinod @ Vinay Kumar and Golu @ Jaysingh in Case Crime No. 589 of 2020, under Sections 323, 504, 325, 308 I.P.C., Police Station - Jhangaha, District - Gorakhpur.

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It is brought to the notice of this Court that earlier an application U/S 482 No. 35911 of 2022 was filed by the present accusedapplicants for quashing of the charge sheet filed into the matter, however, after hearing the parities the said application was disposed of as withdrawn with liberty to accused-applicants to appear before the court below and file an appropriate application for bail before it and it was also directed that the said bail application shall be decided by the concerned court in the light of the decision rendered in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021 decided on 07.10.202. Now again an anticipatory bail application has been filed into the matter where the maximum period of imprisonment is provided for 7 years. The accused-applicants have been co-operative during the course of investigation and no criminal history has been assigned to them. Charge sheet has been filed and protection of S.K. Antil (supra) has already been granted by this Court.

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In view of the above, I do not find any justification or need to pass any fresh order regarding anticipatory bail in favour of the present accused-applicants and it is again revealed that if the accusedapplicants appear before the court concerned and apply for bail, it should be disposed of in accordance with the law rendered in S.K. Antil (supra).

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Order Date :- 3.4.2023/PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Shobha Devi and 3 Others v. State of U.P. and Another

Case brief

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Shobha Devi and 3 Others v. State of U.P. and Another

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