Disposed¶11

Sushil @ Ramu v. State of U.P.

Allahabad HC31 Oct 2022ABAIL/10141/2022

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; withdrawal with liberty to file regular bail; surrender within four weeks; interim protection from coercive action; guidelines of Satender Kumar Antil v. CBI (2022 SCC Online SC 825); FIR/Case Crime No. 313 of 2022; Sections 307, 323, 504 IPC; P.S. Kishni, District Mainpuri; applicant Sushil @ Ramu; disposed of by Krishan Pahal, J., Allahabad High Court, 31.10.2022.

What did the court decide?

Application disposed of on withdrawal: applicant to surrender within four weeks; interim protection from coercive action for four weeks or till surrender, whichever earlier; liberty to file a regular bail application to be decided in view of Satender Kumar Antil (supra). ¶11

Sushil @ Ramu Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10141 of 2022

¶3

Applicant :- Sushil @ Ramu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.,Ram Chandra Solanki

¶4

Hon'ble Krishan Pahal,J.

¶5

Heard Sri Ram Badan Maurya, learned counsel for applicant and Sri Ram Chandra Solanki, learned counsel for the informant as well as Sri Ram Prakash Patel, learned A.G.A. for State and also perused the material available on record.

¶6

The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 313 of 2022, under Sections 307, 323, 504 I.P.C., P.S.- Kishni, District- Mainpuri.

¶7

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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 .

¶8

Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant.

¶9

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 a period of four weeks 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 the case of Satender Kumar Antil (supra) .

¶10

For the period of four weeks 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.

¶11

With the above observations and directions, this application is disposed of.

¶12

Order Date :- 31.10.2022 Siddhant

¶13

Digitally signed by SIDDHANT SAHU Date: 2022.10.31 17:54:56 IST Reason: Location: High Court of Judicature at Allahabad

Sushil @ Ramu v. State of U.P.

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Sushil @ Ramu v. State of U.P.

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