Disposed¶10

Parvej Khan and 2 Others v. State of U.P. and Another

Allahabad HC22 May 2023ABAIL/5758/2023

Case brief

AI extract

What is this about?

Allahabad High Court, Krishan Pahal J., 22.5.2023; anticipatory bail u/s 438 CrPC disposed of; FIR/Case Crime No. 515 of 2022, s. 308 IPC, P.S. Haldaur, District Bijnor; applicants Parvej Khan, Mohd. Islam, Azeem Ahamad; surrender within one month; regular bail per Satender Kumar Antil v. CBI, 2021 SCC Online SC 922; no coercive action in the interregnum.

What did the court decide?

Anticipatory bail declined; applicants to surrender within one month and may seek regular bail to be decided per Satender Kumar Antil guidelines; interim protection from coercive action until surrender or expiry of one month, whichever is earlier. ¶10

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

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Neutral Citation No. - 2023:AHC:111620

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5758 of 2023

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Applicant :- Parvej Khan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Prakash Mishra 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 Nitin Kesarwani, 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. 883 of 2023, arising out of FIR/Case Crime No. 515 of 2022, under Section 308 I.P.C., P.S.- Haldaur, District- Bijnor.

¶8

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.

¶10

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- Parvej Khan, Mohd. Islam and Azeem Ahamad , in the above case.

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(Justice Krishan Pahal)

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Order Date :- 22.5.2023 Shalini

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

Parvej Khan and 2 Others v. State of U.P. and Another

Case brief

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Parvej Khan and 2 Others v. State of U.P. and Another

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