Dismissed

Ajay Kumar Sharma @ Ajay Kumar Singh v. State of U.P. and Another

Allahabad HC3 Jul 2024ABAIL/5258/2024

Case brief

AI extract

What is this about?

The High Court dismissed the anticipatory bail application under Section 438 Cr.P.C. as withdrawn. The applicant was allowed liberty to seek bail from the lower court, with a 15-day non-coercive period and directions for expedite hearing.

What did the court decide?

Application dismissed as withdrawn with liberty to approach lower court for bail within 15 days without coercive action.

Ajay Kumar Sharma @ Ajay Kumar Singh vs State of U.P… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114628

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5258 of 2024

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Applicant :- Ajay Kumar Sharma @ Ajay Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Rai 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 Staterespondent.

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This application under Section 438 Cr.P.C. has been filed by applicant for granting anticipatory bail in Complaint Case No.34268 of 2021, under sections 417, 420, 504, 506 I.P.C., Police Station Cantt, District Varanasi.

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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Under the circumstances, the present application under Section 438 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail.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 application under Section 438 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

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Order Date :- 18.7.2024 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Ajay Kumar Sharma @ Ajay Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

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Ajay Kumar Sharma @ Ajay Kumar Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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