Disposed

Madan @ Rajendra Kumar and 3 Others v. State of U.P.

Allahabad HC18 Sept 2023ABAIL/9764/2023

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What is this about?

The High Court dismissed the anticipatory bail application. Upon the applicant's counsel withdrawing the prayer for anticipatory bail and seeking a direction for expedited bail consideration under Satender Kumar Antil, the court disposed of the matter by directing the trial court to hear and dispose of the bail application expeditiously.

What did the court decide?

Disposed of the anticipatory bail application and directed the trial court to hear and dispose of the applicant's separate bail application filed there expeditiously in view of Satender Kumar Antil.

Madan @ Rajendra Kumar and 3 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:179495

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9764 of 2023

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Applicant :- Madan @ Rajendra Kumar And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for applicants, 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. 651 of 2019, under Sections 147, 148, 332, 323, 336, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Kotwali, District Rampur during the pendency of trial.

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After arguing for some time, applicants' counsel submits that he does not want to press the prayer for release of the applicants 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 applicants. 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, applicants 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 applicants, the present anticipatory bail application is disposed of with the direction that in case the applicants filed bail application before the court below, 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 :- 18.9.2023 RavindraKSingh

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

Madan @ Rajendra Kumar and 3 Others v. State of U.P.

Case brief

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Madan @ Rajendra Kumar and 3 Others v. State of U.P.

Case brief

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