The High Court disposed of an anticipatory bail application, accepting the withdrawal prayer. The court granted protection from coercive action for one month but directed the applicant to surrender to seek regular bail based on Supreme Court guidelines.
Protection from coercive action for one month; direction to surrender for regular bail consideration.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10101 of 2022
Applicant :- Nazim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.,Rayoof Ali
Hon'ble Krishan Pahal,J.
Heard Sri Shashi Dhar Shukla, learned counsel for applicant and Sri Rayoof Ali, learned counsel for the informant as well as learned Additional Government Advocate for State.
The present application for anticipatory bail has been filed for protection in regard to Case Crime No.499 of 2022, under Sections 363, 366, 376, 504, 506 and 120-B I.P.C. & Section 5/6 POCSO Act, P.S. Kotwali Khalilabad, District Sant Kabir Nagar.
After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 .
Learned A.G.A. and learned counsel for the informant have no objection to the prayer of learned counsel for the applicant.
In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra) .
For the period of one month from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.
With the above observations and directions, this application is disposed of .
Order Date :- 18.11.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.11.18 16:54:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant protection without coercive action while allowing withdrawal of anticipatory bail application.
Whether to direct surrender within one month for regular bail consideration under Supreme Court guidelines.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherRelied on¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 · Who else cites this
Satender Kumar Antil vs. Central Bureau of Investigation and anotherRelied on¶9
Satender Kumar Antil (supra)
2 provisions across 2 enactments
Nazim
State Of U.P.
Krishan Pahal
Ravi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
