Disposed

Jitendra Kumar v. State of U.P. and Another

Allahabad HC2 Dec 2024A482/41082/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. challenging charge sheets and cognizance orders was disposed of by directing the trial court to decide the applicant with bail application based on the principles laid down in Satender Kumar Antil.

What did the court decide?

Direction to the trial court to decide the applicant's bail application in light of the judgments in Satender Kumar Antil.

Jitendra Kumar vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:188757

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 41082 of 2024

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Applicant :- Jitendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surjeet Singh Patel Counsel for Opposite Party :- G.A.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard learned counsel for applicant and learned Additional Government Advocate for opposite party no.1-State.

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In view of order being passed, notices to opposite party no.2 stand dispensed with.

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Instant application under Section 482 Cr. P.C. has been filed challenging charge sheet dated 20.02.2019, cognizance/summoning order dated 20.09.2024 as well as consequential proceedings in Case No. 4573 of 2021 arising out of Case Crime No. 0006 of 2019 (State of U.P. Vs. Rajendra Prasad Sonkar and Others) under Section 147, 148, 149, 186, 283, 332, 353, 504, 506, 189, 341, 427 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station-Ahrora, DistrictMirzapur pending in the court of learned Additional Civil Judge (Senior Division), F.T.C., Mirzapur.

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After arguing the case at some length the learned counsel for the applicant submits that he does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be issued to the learned court concerned to decide the bail application of the applicant in the light of the law laid down by the Hon'ble Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation , reported in 2021 (10) SCC 773 .

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Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (supra).

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Accordingly, it is directed that if applicant appears before the learned trial court within a period of three weeks from today and apply for bail, then, his bail application shall be decided by the court below in the light of law laid down by the Hon'ble Apex Court in the cases of Satender Kumar Antil (supra).

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With these direction/observation, the present application is, accordingly, disposed of .

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Order Date :- 2.12.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Jitendra Kumar v. State of U.P. and Another

Case brief

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Jitendra Kumar v. State of U.P. and Another

Case brief

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