Disposed

Alpnath Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC16 Jan 2024/49/2024

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AI extract

What is this about?

This court disposed of an anticipatory bail application by directing the applicant to file a regular bail application within 20 days. If done, the trial court is obligated to decide it expeditiously after hearing parties, citing Supreme Court guidelines on speedy trial.

What did the court decide?

Anticipatory bail application disposed of with direction to appear before trial court within 20 days and apply for regular bail under S. 437/439 Cr.P.C., requiring expeditious disposal by trial court.

Alpnath Tripathi Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4174

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 49 of 2024

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Applicant :- Alpnath Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Shri Ravi Shankar Mishra, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The instant application has been moved by the accusedapplicant- Alpnath Tripathi , in F.I.R./Case Crime No. 228 of 2022, under Sections 147, 148, 149, 307, 352 and 323 I.P.C., Police Station Baghrai, District Pratapgarh with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case.

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After arguing at some length, learned counsel for the applicant submits that the grievance of the applicant may be redressed if any direction for expeditious disposal of his regular bail application i.e. under Section 437/439 Cr.P.C. may be given by this Court, as the applicant is intending to appear before the trial court for the purpose of getting regular bail.

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No objection in this regard is raised by learned A.G.A., as it is otherwise the right of every under trial or a convict to get his bail application decided with utmost expedition.

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Having regard to all the facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant, the instant anticipatory bail application is disposed of with a direction to the trial court that if the applicant appears/surrenders before the trial court within 20 days from today and move an application for bail under Section 437/439 Cr.P.C., the trial court shall be under an obligation to dispose of the same, after providing an opportunity of being heard to the parties, strictly in accordance

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with law laid down by Hon'ble Supreme Court in Hussain and Ors. Vs. Union of India (UOI) and Ors . reported in MANU/SC/0274/2017 as well as In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others , MANU/SC/0292/2021 and in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773

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Order Date :- 16.1.2024 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Alpnath Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Alpnath Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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