The High Court dismissed an application under Section 482 CrPC as not pressed with liberty to approach the trial court for bail, adhering to recent Supreme Court precedents.
Application dismissed as not pressed; applicant given two weeks to approach trial court for bail; no coercive action during this period.
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Neutral Citation No. - 2024:AHC-LKO:57146
Court No. - 11
Case :- APPLICATION U/S 482 No. - 7388 of 2024
Applicant :- Krishanveer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- K.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard 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 the cases of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021 and Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023 , 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 the cases of Satender Kumar Antil's (supra) and Mahdoom Bava's (supra) . For a period of two weeks, no coercive action shall be taken against the petitioner in pursuance of the impugned proceedings.
The application is disposed of accordingly.
Order Date :- 22.8.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether Section 482 CrPC application should be dismissed as not being pressed in time effective grounds not being found.
Colour shows how this judgement treated each authority
Central Bureau of Investigation and anotherFollowed¶7
Satender Kumar Antil versus Central Bureau of Investigation and another
Central Bureau of InvestigationFollowed¶7
Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023
Krishanveer
State Of U.P.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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