High Court dismissed an application for quashing proceedings as not pressed with liberty to file bail. Applicants were granted liberty to approach the trial court for bail within two weeks.
Prayer for quashing refused; liberty granted to apply for bail before trial court within two weeks.
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.
Neutral Citation No. - 2024:AHC-LKO:60336
Court No. - 11
Case :- CRIMINAL APPEAL No. - 2719 of 2024
Appellant :- Abhishek Maurya @ Vikki Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Manoj Kumar Nishad,Pradeep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for applicant and learned Additional Government Advocate for the State.
Learned counsel for applicant, after arguing for some time, submits that the present application may be dismissed as not pressed with liberty to file a bail application before the learned trial court which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Anr passed Special Leave to Appeal (Cri) No.5191 of 2021 , to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within two weeks' from today and applies for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The application is disposed of accordingly.
Order Date :- 3.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the application for quashing proceedings may be dismissed as not pressed without liberty to file a bail application under Section 482 Cr.P.C.?
Whether the applicant should be granted liberty to apply for bail before the trial court within two weeks?
Whether the quashing of impugned proceedings is allowed in view of the law laid down in Satender Kumar Antil?
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationApplied¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and Anr passed Special Leave to Appeal (Cri) No.5191 of 2021
Satender Kumar Antil Vs. Central Bureau of InvestigationApplied¶8
Satender Kumar Antil's case
Abhishek Maurya @ Vikki
State Of U.P. Thru. Prin. Secy. Home Lko
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
