Disposed

Sher Singh and 3 Others v. State of U.P.

Allahabad HC10 May 2023ABAIL/4961/2023

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application under Section 438 Cr.P.C. by directing applicants to file a regular bail application within one month, relying on Satender Kumar Antil guidelines. No coercive action was taken during this period or until surrender.

What did the court decide?

Direction to file regular bail within one month; no coercive action against applicants until surrender.

Sher Singh and 3 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:100954

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4961 of 2023

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Applicant :- Sher Singh And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Tewari 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 Rohit Dubey, 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 Case No. 1571 of 2021 (arising out of Case Crime No. 562 of 2020), under Sections 308, 323, 504 I.P.C., P.S.- Gunnor, District- Sambhal.

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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- Sher Singh, Ompal, Onpal alias Monu, and Sonpal alias Sonu, in the above case.

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(Justice Krishan Pahal)

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Order Date :- 10.5.2023 Shalini

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

Sher Singh and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sher Singh and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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