Disposed

Shafi Ahmad and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko and 3 Others

Allahabad HC2 Dec 2024/2636/2024

Case brief

AI extract

What is this about?

Applicants facing charges under Sections 352, 354, 504 IPC and Sections 7/8 POCSO sought anticipatory bail after charge-sheet filing. Without entering merits, the court gave liberty to surrender within two weeks, file regular bail applications, and directed expedited same-day disposal citing Aman Preet Singh and Satyendra Kumar Antil.

What did the court decide?

Liberty to surrender/appear before trial court within two weeks, file bail applications to be disposed of expeditiously, preferably same day.

Shafi Ahmad and Another Vs State of U.P. Thru. Its Prin… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79779

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Court No. - 11

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2636 of 2024

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Applicant :- Shafi Ahmad And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Mohd. Waris Farooqui Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Mohd. Waris Farooqui, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

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Learned A.G.A. has informed the Court that notice was given to the informant/opposite party No.2 on 03.10.2024, but no one has appeared.

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As per learned counsel for the applicants, the present applicants are apprehending their arrest in Case Crime No.0007/2024, under Sections 352, 354, 504 I.P.C. and Section 7/8 of POCSO Act, at Police Station - Maharajganj Tarai, District - Balrampur.

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Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the case as they have not committed any offence as alleged in the prosecution story. Learned counsel for the applicants has further submitted that investigation in the matter has been concluded, applicants have cooperated in the investigation, charge-sheet has been filed and during investigation the present applicants have not been arrested, as the offences under which the F.I.R. has been lodged are having punishment less than 07 years. Learned counsel for the applicants has also submitted that in view of the law laid down by Apex Court in the case of Aman Preet Singh Vs.C.B.I., reported in (2022) 13 SCC 764, wherein it has been held that after filing of the charge sheet, arrest of the applicant is not required.

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Learned counsel for the applicants has submitted that applicants undertake that they shall co-operate in the trial proceedings. However, learned counsel for the applicants has requested that liberty may be given to the applicants to appear/surrender before the court concerned and file their bail

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application and the same may be directed to be disposed of with expedition, preferably on the same day, in the light of law as laid down in the case of Aman Preet Singh Vs. C.B.I., reported in (2022) 13 SCC 764 and Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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Therefore, without entering into the merits of the issue, considering the arguments of learned counsel for the parties as well as the dictums of Apex Court in the case of Aman Preet Singh Vs.C.B.I. (Supra) and Satyendra Kumar Antil Vs. C.B.I. and another (Supra), liberty is given to the applicants to surrender/appear before the learned trial court concerned, within a period of two weeks, and may file their bail applications and if such bail applications are filed within the stipulated period, the same shall be considered and disposed of with expedition, preferably on the same day, in view of the law laid down by Apex Court in the case of Aman Preet Singh Vs.C.B.I. (Supra) and Satyendra Kumar Antil Vs. C.B.I. and another (Supra).

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It is needless to say that since the decision of the Apex Court in Re: Aman Preet Singh Vs.C.B.I. (Supra) and Satyendra Kumar Antil Vs. C.B.I. and another (Supra) are the law of land for all subordinate courts, therefore, the aforesaid dictums of Apex Court may not be taken lightly by the court concerned.

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With the above directions, the anticipatory bail application is disposed of.

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(Rajesh Singh Chauhan,J.)

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Order Date :- 2.12.2024 ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Shafi Ahmad and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko and 3 Others

Case brief

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Shafi Ahmad and Another v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko and 3 Others

Case brief

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