Disposed

Arvind @ Arvind Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Sept 2024A482/7807/2024

Case brief

AI extract

What is this about?

This criminal application under Section 482 CrPC sought liberty to file bail and discharge applications before the trial court. The High Court disposed of the application, granting the liberty to file these applications in the lower court to be decided expeditiously following the Satender Kumar Antil precedent.

What did the court decide?

The court granted liberty to the applicants to file bail and discharge applications before the trial court, directing the trial court to consider and decide them expeditiously.

Arvind @ Arvind Tiwari vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60674

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7807 of 2024

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Applicant :- Arvind @ Arvind Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Praveen Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

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The present application has been filed by the applicants for the following main relief:-

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"That For the fact, reasons and circumstances stated in the accompanying in the petition, duly supported with an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Court below to consider and decide the bail application of the petitioners on the same day in view of the settled law laid down by the bench of Supreme Court in the case of Satender Kumar Antil Versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021. In F.I.R. dated 10.6.2021 registered as case crime no. 108/2021, under section 307/504/506/147 of I.P.C., Police Station Sangipur, District- Pratapgarh."

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After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 4.9.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Arvind @ Arvind Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Arvind @ Arvind Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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