Disposed¶11

Ballan v. State of U.P.

Allahabad HC6 Jul 2023ABAIL/6933/2023

Case brief

AI extract

What is this about?

Ballan v. State of U.P. | 2023:AHC:133964 | Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 6933 of 2023 | High Court of Judicature at Allahabad | Order dated 6.7.2023 | Krishan Pahal, J. | IPC Sections 323, 504, 506, 307; Case Crime No. 391 of 2023; P.S. Khurja Nagar, District Bulandshahr | Anticipatory bail application disposed of; surrender within one month; regular bail application to be decided per Satender Kumar Antil, 2022 SCC OnLine SC 825; interim no-coercive-action protection.

What did the court decide?

Anticipatory bail application disposed of; applicant directed to surrender before the concerned court below within one month; any regular bail application to be decided in view of Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against the applicant for one month or until surrender, whichever is earlier.

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

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Neutral Citation No. - 2023:AHC:133964

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6933 of 2023

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Applicant :- Ballan Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A.,Pushpendra Singh

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Javed Alam, Advocate holding brief of Sri Dheeraj Kumar Tiwari, learned counsel for applicant as well as Sri Ram Mohit Yadav, learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No.391 of 2023, under Sections 323, 504, 506 and 307 I.P.C., P.S. Khurja Nagar, District Bulandshahr.

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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 of 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 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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[Krishan Pahal, J.]

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Order Date :- 6.7.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Ballan v. State of U.P.

Case brief

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Ballan v. State of U.P.

Case brief

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