Shahid v. State of U.P.
Case brief
What is this about?
The court observed that a co-accused in the same crime number had already been granted bail by a different Bench. Citing Supreme Court directions, the matter was not disposed of but placed before the Chief Justice to constitute an appropriate Bench freshly to avoid contrary orders.
What the court decided
A compact analysis
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.
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6063 of 2024
Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Majeed,Sufia Saba Counsel for Opposite Party :- G.A.,Phool Chandra,Santosh Kumar Tiwari
Hon'ble Vikram D. Chauhan,J.
- In the present case arising out of the same crime number i.e. Case Crime No. 290 of 2023, co-accused has preferred anticipatory bail application before this Court, which was allowed by the order dated 29.01.2024.
- It is submitted that anticipatory bail has been granted to the co-accused- Akram and four others by the Bench of Hon'ble Sameer Jain, J. in Criminal Misc. Anticipatory Bail Application No. 14343 of 2023.
- The Supreme Court in Criminal Appeal No.1503 of 2023, Pradhani Jani Vs. State of Odisha by order dated 15th May, 2023 as well as in Special Leave to Appeal (Crl.) No.7203 of 2023, Sajid Vs. State of U.P. by order dated 31.7.2023 has taken notice of the fact that the bail applications arising out of same crime number filed by different co-accused are being entertained by different Benches and has issued direction to take appropriate measures so that contrary orders in the same crime number are avoided.
- In the present case, the anticipatory bail application of the coaccused has been allowed by the Bench of Hon'ble Sameer Jain, J. and in view of the observations made in the order dated 15th May, 2023 passed by the Supreme Court in the case of Pradhani Jani (supra) and by order dated 31.7.2023 in the case of Sajid (supra) , let the matter be placed before Hon'ble Chief Justice for placing the same before the appropriate Bench, as fresh.
Issues for consideration
1 issue framed by the court
Whether to grant anticipatory bail to the applicant where bail has already been granted to co-accused in the same crime number by a different Bench.
Parties & counsel
- applicant
Shahid
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/6063/2024
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