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Syed Shamim Ahmed vs The State Of Uttar Pradesh on 9 August, 2021

Bench: Sanjay Kishan Kaul, Hrishikesh Roy

                                                      1

     ITEM NO.41                  Court 7 (Video Conferencing)               SECTION II

                                 S U P R E M E C O U R T O F        I N D I A
                                         RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (Crl.)                   No. 5152/2021

     (Arising out of impugned final judgment and order dated 18-02-2021
     in MB No. 36523/2019 passed by the High Court Of Judicature At
     Allahabad, Lucknow Bench)

     SYED SHAMIM AHMED                                                    Petitioner(s)

                                                     VERSUS

     THE STATE OF UTTAR PRADESH & ORS.                                    Respondent(s)

     (IA No. 83649/2021 - APPLICATION FOR TAKING ON RECORD
      IA No. 88897/2021 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 09-08-2021 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                           HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                Mr. Anurag Kishore, AOR
                                      Mr. Ajay Singh, Adv.
                                      Ms. Somna Dhown, Adv.

     For Respondent(s)                Mr. Ajay Kumar Misra, Sr. Adv./AAG
                                      Mr. Sarvesh Singh Baghel, AOR
                                      Mr. Yashasvi Virendra, Adv.

                         UPON hearing the counsel the Court made the following
                                               O R D E R

On hearing learned counsel for the parties and considering the facts and circumstances of the case and the plea of parity in the order dated 12.04.21, the petitioner is entitled to the same order. Signature Not Verified Learned counsel for the petitioner confines his Digitally signed by Charanjeet kaur Date: 2021.08.10 16:57:35 IST Reason: plea to protection against the arrest till such time as the charge sheet is filed and application for regular bail is considered.

We are of the view that the aforesaid would be the only appropriate modification in the impugned order dated 18.02.2021 to the extent that since charge sheet is stated to still have not been filed, on filing of the charge sheet the petitioner can apply for regular bail forthwith.

The interim protection to the petitioner will be available till such time as his application for bail is considered.

We, however, make it clear that this is not a reflection on merits of the controversy relating to even consideration by us on the question of grant of bail.

The Special Leave Petition is disposed of accordingly.

Pending applications stand disposed of.

[CHARANJEET KAUR]                               [POONAM VAID]
ASTT. REGISTRAR-cum-PS                     COURT MASTER (NSH)