Disposed

Jai Prakash Tripathi v. State of U.P.

Allahabad HC8 Jul 2024ABAIL/5023/2024

Case brief

AI extract

What is this about?

The applicant sought to withdraw an anticipatory bail application with liberty to file regular bail. The court allowed the withdrawal, directed no coercive action for 15 days, and instructed the trial court to decide the bail application expeditiously, referring to Satender Kumar Antil for guiding principles.

What did the court decide?

Application dismissed as withdrawn with liberty to file bail before the court concerned.

Jai Prakash Tripathi vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113394

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5023 of 2024

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Applicant :- Jai Prakash Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant Jai Prakash Tripathi in Case Crime No. 242 of 2008, under section 3/4 of the Prevention of Damages to Public Property Act, 1984, Police Station Sarai Inayat, District Prayagraj.

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After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 438 Cr.P.C. with liberty to file bail application before the court below.

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

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Under the circumstances, the present anticipatory bail application under Section 438 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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The anticipatory bail application under Section 438 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 16.7.2024 K.K. Maurya

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Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Jai Prakash Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jai Prakash Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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