Disposed¶11

Anil v. State of U.P.

Allahabad HC28 Nov 2022ABAIL/10401/2022

Case brief

AI extract

What is this about?

Allahabad High Court; anticipatory bail; Section 438 Cr.P.C.; application withdrawn with liberty; surrender within four weeks; interim protection from coercive action; regular bail per Satender Kumar Antil v. CBI, 2022 SCC Online SC 825 guidelines; FIR/Case Crime No. 284 of 2022; Sections 147, 148, 149, 452, 307, 323, 506, 34, 120B, 109, 114 IPC; P.S. Kadar Achhnera, District Agra; applicant Anil; State of U.P.; Krishan Pahal, J.; order dated 28.11.2022.

What did the court decide?

Anticipatory bail application permitted to be withdrawn as dismissed; applicant to surrender within four weeks; any regular bail application to be decided per Satender Kumar Antil guidelines; no coercive action against the applicant for four weeks or till surrender, whichever is earlier. ¶11

Anil Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant was entitled to anticipatory bail under Section 438 Cr.P.C. in respect of FIR/Case Crime No. 284 of 2022, P.S. Kadar Achhnera, District Agra. +1 more

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Ratio / Principle

The applicant is directed to surrender before the concerned court below within a period of four weeks, the anticipatory bail application having been sought to be withdrawn.

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Key takeaways

In case a regular bail application is filed, it shall be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825.ratio¶9
For a period of four weeks from the date of the order, or until the applicant surrenders before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the said case.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail application under Section 438 Cr.P.C. (No. 10401 of 2022) by Anil in FIR/Case Crime No. 284 of 2022, Sections 147, 148, 149, 452, 307, 323, 506, 34, 120B, 109, 114 I.P.C., P.S. Kadar Achhnera, District Agra. Counsel for the applicant sought permission to withdraw the application with liberty to move a regular bail application, to be decided in view of the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825; counsel for the informant and the State raised no objection. The Court directed the applicant to surrender before the court below within four weeks, directed that any regular bail application be decided in light of Satender Kumar Antil (supra), and ordered that no coercive action be taken against the applicant for four weeks or until surrender, whichever is earlier. Application disposed of accordingly (Krishan Pahal, J.; order dated 28.11.2022).

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10401 of 2022

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Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A.,Azhar Hussain

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Hon'ble Krishan Pahal,J.

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Heard Sri Ashish Goyal, Advocate holding brief of Sri Shahnawaz Akhtar, learned counsel for applicant and Sri Shahban Ahmad, Advocate holding brief of Sri Azhar Hussain, learned counsel for the informant as well as learned A.G.A. for State and also perused the material available on record.

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The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 284 of 2022, under Sections 147, 148, 149, 452, 307, 323, 506, 34, 120B, 109, 114 I.P.C., P.S.- Kadar Achhnera, District- Agra.

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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 .

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Sri Shahban Ahmad, Advocate holding brief of Sri Azhar Hussain, learned counsel for the informant as well as learned A.G.A. have no objection to the prayer made by the learned counsel for the applicant.

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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) .

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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.

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

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Order Date :- 28.11.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.11.28 17:12:20 IST Reason: Location: High Court of Judicature at Allahabad

Anil v. State of U.P.

Case brief

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Anil v. State of U.P.

Case brief

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