Jyoti Gupta v. State of U.P.
Case brief
What is this about?
No. - 2023:AHC:190943 Court No. - 72 Case :-…
What the court decided
A compact analysis
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Neutral Citation No. - 2023:AHC:190943
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57079 of 2019
Applicant :- Jyoti Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
- List has been revised. None has appeared to press this anticipatory bail application. Learned AGA is present for the State. In the circumstances, I myself have perused the record. Learned AGA could not apprise this Court about the present status of the trial.
- The instant anticipatory bail application was filed in the year 2019. None was present on behalf of the applicant(s) on 29.8.2023, 18.9.2023 & 26.9.2023. It cannot be allowed to swing years together in the cloak of pendency.
- Sub-Section 5 of Section 438 Cr.P.C. [Uttar Pradesh Act 4 of 2019, s. 2 (w.e.f. 1-6-2019)] says that the anticipatory bail application be finally disposed of within thirty days of the date of such application. The Apex Court in para-73(k) of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825 has held that the application for anticipatory bail are expected to be disposed of within a period of six weeks.
Issues for consideration
3 issues framed by the court
Whether the anticipatory bail application which remained pending for several years should be allowed or dismissed as infructuous.
Whether the High Court can dismiss an anticipatory bail application after a significant delay in its presentation.
Whether interim protection granted in anticipation of bail stands vacated upon dismissal of the application.
Parties & counsel
- applicant
Jyoti Gupta
Coram
Krishan Pahal
Siddhant Sahu
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/57079/2019
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