The court disposed of an anticipatory bail application filed by two applicants, granting them liberty to file a regular bail application before the competent court.
Application disposed of with liberty to file a regular bail application before the court of competent jurisdiction.
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Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1430 of 2022
Applicant :- Gulshan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Sudhir Kumar, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicants Gulshan and Tindan @ Satendra under Section 438 of the Code of Criminal Procedure, with a prayer to release them on anticipatory bail in Case Crime No. 86 of 2021, for offence punishable under Sections 323, 504, 308 of the Indian Penal Code, registered at Police Station- Mitauli, DistrictKheri, till the conclusion of trial, after rejecting the anticipatory bail application of the applicants by Additional Sessions Judge, Lakhimpur Kheri vide order dated 06.04.2022.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the chargesheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicants 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 applicants, 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 :- 1.9.2022 Ishan
Digitally signed by ISHAN JAISWAL Date: 2022.09.01 18:32:28 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether application for anticipatory bail under Section 438 CrPC should be allowed.
Whether application should be allowed with liberty to file a regular bail application.
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶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 & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet SinghReferred¶9
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Gulshan
Tindan @ Satendra
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
