Dismissed

Babloo @ Babalu Kumar Royal and Another v. State of U.P.

Allahabad HC18 May 2023ABAIL/4804/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court declined to exercise jurisdiction as no prima facie case existed. The court directed applicants to surrender within one month, during which no coercive action would be taken against them.

What did the court decide?

Direction to applicants to surrender before the concerned court within one month; no coercive action to be taken against them during this period.

Babloo @ Babalu Kumar Royal and Another Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:108218

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4804 of 2023

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Applicant :- Babloo @ Babalu Kumar Royal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicants 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. 473 of 2019, under Sections 498-A, 323, 354Kha I.P.C. and 3/4 D.P. Act, P.S.- Gandhi Park, District- Aligarh.

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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 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, whichever is earlier, no coercive action shall be taken against the applicants- Babloo @ Babalu Kumar Royal and Raubi , in the above case.

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(Justice Krishan Pahal)

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Order Date :- 18.5.2023 Shalini

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

Babloo @ Babalu Kumar Royal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Babloo @ Babalu Kumar Royal and Another v. State of U.P.

Case brief

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What did the court decide?

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