State of Uttar Pradesh vs Mohd. Afzal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1319

B. R. GAVAI, J. B. PARDIWALA
State of Uttar Pradesh – Appellant
Versus
Mohd. Afzal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Adesh Kr. Gill, Mr. Suraj Pal Singh, Mr. R.K. Raizada Sr. AAG, Punjab, Mr. Vishwa Pal Singh, Mr. Shubham Saxena
For the Respondent: Mr. Mohd. Zahid Hussain, Mr. Camran Iqbal, Mr. Comred Iqbal, Mr. Anupam Mishra

Table of Content
1. court's order on appeal and application disposition (Para 1 , 2 , 12)
2. application for anticipatory bail and opposition (Para 4 , 5 , 6)
3. contradictory orders by high court discussed (Para 10 , 11)

ORDER :

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad.

4. The respondents-herein (applicant(s) before the High Court) had filed an application for grant of anticipatory bail.

5. The application was vehemently opposed by the learned counsel for the State on the ground that the respondents were hardened criminals having criminal history. He has also pointed out that against each of the respondents look out notices have also been issued.

6. Leaned Single Judge of the High Court, therefore, after hearing the parties, found that the respondents were not entitled for grant of anticipatory bail.

7. The Court, therefore, rejected the application for grant of anticipatory bail.

8. However, after the application was rejected, a motion was made on behalf of the respondent(s) that they would like to move an application for discharge.

9. The learned Sing

Click Here to Read the rest of this document