Dismissed

Nijamudeen v. State of U.P. and 2 Others

Allahabad HC11 Apr 2023ABAIL/3360/2023

Case brief

AI extract

What is this about?

This court rejected the anticipatory bail application but directed that the applicant shall not be arrested for 30 days if he surrenders and applies for regular bail within that period, citing Satendra Kumar Antil, with warning of coercive action otherwise.

What did the court decide?

Anticipatory bail rejected; applicant restrained from arrest for 30 days if surrender and regular bail application are made.

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

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3360 of 2023

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Applicant :- Nijamudeen Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned AGA for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant, Nijamudeen , with a prayer to release him on bail i n Case Crime No. 982 of 2018 (Case No. 5088 of 2019), under Sections- 406,420 IPC, Police Station- Kotwali Orai, District- Jalaun.

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Learned counsel for the applicant submits that he has been falsely implicated regarding the alleged offences.

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Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.Applicant has criminal history of number of cases.

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After hearing rival contentions, this Court finds that it is not a fit case for granting anticipatory bail.

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This application is, accordingly, rejected.

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However, on the request of learned counsel for the applicant, it is directed that in case applicant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgement and order of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022.

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For a period of 30 days, the applicant shall not be arrested in the aforesaid case, if not already arrested.

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However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 11.4.2023 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Nijamudeen v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nijamudeen v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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