In an anticipatory bail application, the high court disposed of the matter with liberty to file a regular bail application after noting that the applicant was not arrested and the chargesheet was submitted. The court referred to relevant Supreme Court judgments.
Application disposed of with liberty to file a regular bail application.
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Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1283 of 2022
Applicant :- Nippu Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sarvesh Kumar Pandey,Vineetapandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Sarvesh Kumar Pandey, learned counsel for the applicant and Sri Hari Shankar Bajpai, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Nippu Kumar under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 0186 of 2021, for offence punishable under Section 420 of the Indian Penal Code and Section 66 of the Information Technology Act, registered at Police Station- Hazratganj, District- Lucknow till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge, Court No. 3, Lucknow vide order dated 29.04.2022.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the chargesheet has been submitted against him on 05.04.2022.
After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.
The application stands disposed of with the aforesaid liberty.
Order Date :- 24.8.2022 Ishan
Digitally signed by ISHAN JAISWAL Date: 2022.08.25 18:23:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an anticipatory bail application filed before arrest should be decided on merits or disposed of with liberty to file regular bail.
Whether the applicant is entitled to anticipatory bail in case of offences under Section 420 IPC and Section 66 IT Act.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred¶9
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶9
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Nippu Kumar
State Of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
