Dismissed

Vikash Kumar Mishra v. State of Up

Allahabad HC11 Jul 2024ABAIL/6767/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application, the applicant sought withdrawal with liberty to file a bail application before the court below. The High Court granted liberty and directed no coercive action for 15 days, emphasizing expeditious disposal by the lower court keeping Satender Kumar Antil principles in mind.

What did the court decide?

Application dismissed as withdrawn. Liberty to approach court below for bail granted; no coercive action for 15 days.

Vikash Kumar Mishra vs State of Up — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115138

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6767 of 2024

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Applicant :- Vikash Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Ramesh 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 Vikash Kumar Mishra in Case Crime No. 433 of 2023, under Sections 419, 420, 409, 506 I.P.C., Police Station - Cholapur, 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Under the circumstances, the present anticipatory bail application under Section 438 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail.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

Vikash Kumar Mishra v. State of Up

Case brief

What is this about?

What did the court decide?

Vikash Kumar Mishra v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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