Disposed

Ajay Tiwari v. State of U.P. and Another

Allahabad HC21 Jul 2023ABAIL/7581/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the applicant for anticipatory bail sought a direction to the lower court to decide his bail application expeditiously. The High Court disposed of the application by directing that if the applicant files a bail application within fifteen days, it must be heard and disposed of quickly, with no coercive action for that period.

What did the court decide?

Direction to lower court to hear and dispose of a bail application filed within fifteen days expeditiously; prohibition of coercive action for fifteen days.

Ajay Tiwari Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:145971

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7581 of 2023

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Applicant :- Ajay Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Sharma Counsel for Opposite Party :- G.A.,Anil Pratap Singh

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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 by the applicant for protection in regard to Case Crime No.63 of 2022, under Sections 147, 323, 504, 506, 452 I.P.C., P.S.- Mirzamurad, DistrictVaranasi, during the pendency of investigation.

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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.

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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 within fifteen days from today, the same shall be heard and 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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For the period of fifteen days, no coercive action shall be taken against the applicant.

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

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Order Date :- 21.7.2023 Krishna*

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

Ajay Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ajay Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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