Dismissed

Surendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another

Allahabad HC20 Sept 2024ABAIL/2164/2024

Case brief

AI extract

What is this about?

The single-judge bench of the Allahabad High Court dismissed an anticipatory bail application filed u/s 438 Cr.P.C., holding that the case for bail was not made out due to prima facie complicity. The court dismissed the application as not pressed but granted liberty to file a regular bail application within 10 days.

What did the court decide?

Application dismissed as not pressed with liberty to file regular bail within 10 days.

Surendra Shukla and Another vs State of U.P. Thru. Prin… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65183

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Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2164 of 2024 Applicant :- Surendra Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for applicant as well as learned Additional Government Advocate for State.

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The present application for anticipatory bail has been filed for protection in regard to F.I.R. No. 682/2022, under Sections 323/324/325/427/504/308 IPC, P.S. Sandana, District Sitapur.

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Notices to respondent no. 2 are dispensed in view of the proposed order.

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Perusal of the record shows that the applicant is alleged to have beaten the complainant Satyendra Narayan Singh who has suffered 5 injuries with a fracture in the finger. Shyam Singh has also suffered injuries on his head. Statements of the injured persons support the prosecution case. It does not appear to be a case of false implication. Complicity of the applicant is evident, hence, no case for anticipatory bail application is made out.

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At this stage, applicant's counsel submits that the present application for anticipatory bail may be dismissed as not pressed with liberty to file a regular bail application which may be decided in view of law laid by Supreme Court passed in Special Leave to Appeal (Cri) No.5191 of 2021 "Satender Kumar Antil versus Central Bureau of Investigation and another".

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Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

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In view of the above, present anticipatory bail application is dismissed as not pressed. It is provided that in case a regular bail application is filed within ten days from the date of receipt of certified copy of this order, the same be decided in view of the law laid by by Supreme Court vide order dated 7.10.2021 passed in the case of Satender Kumar Antil (supra).

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Order Date :- 20.9.2024/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Surendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another

Case brief

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Surendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another

Case brief

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