Disposed

Mohd. Junaid v. State of U.P.

Allahabad HC4 Jul 2023ABAIL/6379/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of an anticipatory bail application. Instead of granting anticipatory bail, the court directed the lower court to decide the applicant's pending bail application expeditiously, relying on the Supreme Court judgment in Satender Kumar Antil.

What did the court decide?

Anticipatory bail application disposed of. Directed the lower court to hear and decide the applicant's bail application expeditiously.

Mohd. Junaid Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130813

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6379 of 2023

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Applicant :- Mohd. Junaid Opposite Party :- State of U.P. Counsel for Applicant :- Aftab Khan,Maksood Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for applicant, learned A.G.A. for State and also perused the material available on record.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 39 of 2023, under Sections 186, 379 IPC and Section 4 & 21 of Mines and Minerals (Development and Regulation) Act,1957, P.S. Industrial Area, District Prayagraj during the pendency of trial.

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After arguing for some time, applicant's counsel submits that he does not want to press the prayer for release of the applicant on anticipatory bail. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicant in view of the judgement 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 applicant. It is further submitted that in the present case, charge sheet has been submitted and maximum punishment for the aforesaid offences is seven years, therefore, applicant may move bail application through counsel in light of order of Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, Special Leave to Appeal (Crl.) No(s). 5191 of 2021 dated 07.10.2021.

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In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, the present anticipatory bail application is disposed of with the direction that in case the applicant filed bail application before the court below, the same shall be heard and

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disposed of expeditiously by the court below in view of the settled law laid down by this court in the case of Satender Kumar Antil (supra).

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With the above observations and directions, this application is disposed of.

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Order Date :- 4.7.2023 RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Mohd. Junaid v. State of U.P.

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Mohd. Junaid v. State of U.P.

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