Dismissed

Mohd. Aslam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC3 May 2024/928/2024

Case brief

AI extract

What is this about?

An application under Section 438 Cr.P.C. seeking anticipatory bail was dismissed as withdrawn. The applicant was granted liberty to approach the appropriate forum for regular bail, which the Court will consider in light of apex court decisions.

What did the court decide?

The application was dismissed as withdrawn; liberty granted to seek regular bail before the concerned court.

Mohd. Aslam Vs State of U.P. Thru. Prin. Secy. Deptt. of… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34422

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 928 of 2024

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Applicant :- Mohd. Aslam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been preferred by the applicant Mohd. Aslam, under Section 438 Cr.P.C., seeking anticipatory bail in FIR/Case Crime No.753/2022, under Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughters Act and Section 11(Gha) of Prevention of Cruelty to Animals Act and Section 419, 420, 467, 468 IPC, relating to police station Gurubuxganj, District Raebareli.

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Learned Government Advocate has raised a preliminary objection that the instant anticipatory bail application is not maintainable in light of the fact that an order has been passed by the trial Court for initiation of the proceedings under Section 82 Cr.P.C. by means of order dated 28.03.2024 and in light of the decision of the Apex Court in Srikant Upadhyay and others v. State of Bihar and another, 2024 SCC OnLine SC 282 and for the said reason, the present application for anticipatory bail is not maintainable.

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Learned counsel for the applicant, after arguing at some length, submits that he may be permitted to withdraw the present application with liberty to approach the appropriate forum in accordance with law.

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In view of the aforesaid, the present anticipatory bail application is dismissed as withdrawn . However, it shall be open for the applicant to seek regular bail and in case such an application is moved, the same shall be considered and decided by the Court concerned in light of the decision rendered by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 .

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Order Date :- 3.5.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Aslam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Mohd. Aslam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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