Disposed

Parvez @ Shames Parvez v. State of U.P. and Another

Allahabad HC2 May 2023ABAIL/3754/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an anticipatory bail application under Section 438 Cr.P.C. by directing the applicant to file a regular bail application within guidelines established in Satender Kumar Antil, while granting no coercive action for one month pending surrender.

What did the court decide?

No coercive action for one month; application disposed of with direction to surrender within one month and file regular bail application.

Parvez @ Shames Parvez 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. - 3754 of 2023

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Applicant :- Parvez @ Shames Parvez Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shabana Nizam Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant as well as Sri V.K. Gupta, 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. 38 of 2021, under Sections 429 I.P.C. and 3/5A/5B/8 Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, P.S.Patherva, District- Kushi Nagar.

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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 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 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 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 :- 2.5.2023 Shalini

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

Parvez @ Shames Parvez v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Parvez @ Shames Parvez 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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