High Court refused to quash proceedings under Section 482 CrPC but granted liberty to apply for bail if the applicant appears before trial court within two weeks.
Application for quashing refused; liberty granted to apply for bail within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:52447
Court No. - 11
Case :- APPLICATION U/S 482 No. - 6640 of 2024
Applicant :- Ram Prasad Rathore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Rajendra Prasad Yadav 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.
Supplementary affidavit filed today is taken on record.
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 :- 1.8.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application under Section 482 CrPC should be dismissed without liberty to invoke bail relief.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another passed in Special Leave to Appeal (Cri) No.5191 of 2021
Mahdoom Bava Vs. Central Bureau of InvestigationReferred¶8
Mahdoom Bava Vs. Central Bureau of Investigation arising out of S.L.P. (Crl.) No.376 of 2023
Satender Kumar Antil's (supra)Referred¶9
Satender Kumar Antil's (supra)
Mahdoom Bava's (supra)Referred¶9
Mahdoom Bava's (supra)
Ram Prasad Rathore
State Of U.P. Thru. Prin. Secy. Home Lko And Another
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
