Disposed

Rajesh Prajapati v. State of U.P. and Another

Allahabad HC25 Jul 2024A482/23806/2024

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What is this about?

Applicant sought quashing of proceedings and time to move bail application following Supreme Court law in Satender Kumar Antil. Court directed applicant to appear in trial court within 10 days to move bail. Application disposed of; no coercive action against applicant.

What did the court decide?

Directed applicant to appear before learned trial court within 10 days to move bail application; no coercive action against applicant.

Rajesh Prajapati vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119201

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23806 of 2024

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Applicant :- Rajesh Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the material on record.

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This application has been filed with a prayer to allow this application and quash the entire proceeding in Case No. 3006/IX/2018, arising out of Case Crime No. 516 of 2017 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Banda pending the Court of Chief Judicial Magistrate, Banda.

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It is submitted by learned counsel for the applicant that in this case an application under Section 482 No. 46959 of 2018 was filed before this Court which was decided on 21.12.2022 with direction to the learned trial court to decide the bail application in accordance with law as laid down in Satendra Kumar Antil case but due to unavoidable circumstances applicant could not appear and move bail application before the learned court concerned, as a result N.B.W. was issued, therefore, request to direct the learned court while extending the time to appear before the learned trial court and move bail application which is to be decided in the light of latest law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.

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Learned A.G.A. has no objection in this regard.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, it is expedient to direct the applicant to appear before the learned trial court within a period of 10 days and move bail application that shall be heard and decided as expeditiously as possible by the learned trial court in

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accordance with law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022.

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Accordingly, this application is disposed of finally.

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In the mean time, no coercive action shall be taken against the applicant.

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Order Date :- 25.7.2024 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Rajesh Prajapati v. State of U.P. and Another

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Rajesh Prajapati v. State of U.P. and Another

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