In an application under Section 482 CrPC requesting quashing of proceedings or bail, the Allahabad High Court refused the quashing prayer but granted liberty to approach the trial court for bail decided expeditively.
Prayer for quashing refused; liberty to apply for bail in trial court and ensure speedy decision.
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Neutral Citation No. - 2024:AHC-LKO:57219
Court No. - 11
Case :- APPLICATION U/S 482 No. - 7397 of 2024
Applicant :- Shubham Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Hemant Tripathi 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) .
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
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
Mahdoom Bava Vs. Central Bureau of InvestigationReferred¶7
Mahdoom Bava Vs. Central Bureau of Investigation
Shubham Srivastava
State Of U.P. Thru. Prin. Secy. Home, Lko.
Another
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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