The court dismissed an application under Section 482 of the CrPC with liberty for the applicant to seek bail within two weeks, relying on the Supreme Court's precedent in Satender Kumar Antil.
Prayer for quashing refused; liberty granted to approach trial court for bail within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:47086
Court No. - 11
Case :- APPLICATION U/S 482 No. - 6143 of 2024
Applicant :- Hadi Hasan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard Sri Dinesh Kumar Chaudhary, learned counsel for applicant as well as learned Additional Government Advocate for State.
Learned counsel for applicant, after arguing for some time, submits that the present application may be dismissed as not pressed with liberty to file a bail application before the learned trial court which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within two weeks' from today and applies for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra) .
The application is disposed of accordingly.
Order Date :- 11.7.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the present application for quashing proceedings be dismissed without liberty to file a bail application before the trial court.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri)No.5191 of 2021
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil's case
Hadi Hasan and Others
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
