Dismissed

Shiv Kumar v. State of U.P.

Allahabad HC6 Sept 2023ABAIL/9740/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous application under Section 438 Cr.P.C., the High Court disposed of the plea for anticipatory bail by directing that the applicant file a substantive bail application within 30 days for expedited hearing under Supreme Court principles.

What did the court decide?

Application disposed of by directing the Court below to expedite hearing of the bail application filed within 30 days.

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

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Neutral Citation No. - 2023:AHC:175566

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9740 of 2023

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Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav 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. 203 of 2022, under Sections 420, 504, 506 IPC, P.S. Ajeetmal, District Auraiya 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, 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 within 30 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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With the above observations and directions, this application is disposed of.

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Order Date :- 6.9.2023 RavindraKSingh

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

Shiv Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P.

Case brief

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What did the court decide?

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