Dismissed

Chandrapal v. State of U.P. and Another

Allahabad HC11 Jul 2024ABAIL/6757/2024

Case brief

AI extract

What is this about?

The court allowed the applicant to withdraw the anticipatory bail application under Section 438 Cr.P.C. with liberty to file a regular bail application before the court below. The court directed that no coercive action be taken against the applicant for 15 days and instructed the lower court to decide the bail application expeditiously while adhering to the principles laid down in Satender Kumar A

What did the court decide?

Dismissed as withdrawn with liberty to file bail application before court below; no coercive action for 15 days.

Chandrapal vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115103

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6757 of 2024

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Applicant :- Chandrapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Singh,Sudhir Kumar Singh 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 Chandrapal in Case Crime No. 109 of 2024, under Sections 307, 324, 504, 506 I.P.C., Police Station - Kadrigate, District - Farrukhabad.

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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Under the circumstances, the present anticipatory bail application under Section 438 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail.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. Order Date :- 19.7.2024 S.Prakash

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Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad

Chandrapal v. State of U.P. and Another

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Chandrapal v. State of U.P. and Another

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