Disposed

Avadhesh Yadav v. State of U.P. and Another

Allahabad HC19 Sept 2023ABAIL/2954/2023

Case brief

AI extract

What is this about?

Single bench disposed of anticipatory bail application by directing the applicant to surrender within one month and file a regular bail application to be decided citing Satender Kumar Antil jurisprudence, with no coercive action during interim.

What did the court decide?

Direction to surrender within one month; no coercive action till surrender; statement to file regular bail application for final disposal.

Avadhesh Yadav Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181210

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2954 of 2023

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Applicant :- Avadhesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Chandra Srivastava,Jawahir Yadav Counsel for Opposite Party :- G.A.,Jagadish Prasad Yadav

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Jawahir Yadav, learned counsel for applicant, Sri Jagadish Prasad Yadav, learned counsel for the informant as well as Sri Pankaj Kumar, 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 Crime No.389 of 2022, under Sections 376, 323, 452, 504, 506 I.P.C., Police Station- Mubarakpur, District- Azamgarh.

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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 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 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 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) .

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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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Order Date :- 19.9.2023

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Vikas

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[Krishan Pahal, J.]

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Avadhesh Yadav v. State of U.P. and Another

Case brief

What is this about?

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Avadhesh Yadav v. State of U.P. and Another

Case brief

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What did the court decide?

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