Disposed

Sanjay Chauhan and Another v. State of U.P. and Another

Allahabad HC2 May 2023ABAIL/3088/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application filed by two applicants against an FIR under animal-related laws. The court noted no case for immediate bail and directed surrender within one month, allowing regular bail to be considered under Supreme Court guidelines.

What did the court decide?

No coercive action to be taken for one month or till surrender of applicants; directed to file regular bail application.

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

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3088 of 2023

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Applicant :- Sanjay Chauhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicants as well as Sri Rajesh Srivastava, 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. 06 of 2023, under Sections 3/5A/5B/8 of Cow Slaughter (Prevention) Act, Section 11 Cruelty of Animals (Prevention) Act and 429 I.P.C., P.S.- Naugarh, District- Chandauli .

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After arguing for some time, applicants' 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 2021 SCC Online SC 922 .

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Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicants.

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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 applicants 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 applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants- Sanjay Chauhan and Pintu Chauhan, in the above case.

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(Justice Krishan Pahal)

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Order Date :- 2.5.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Sanjay Chauhan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Chauhan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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