The High Court dismissed an anticipatory bail application, granting a conditional direction. Directed surrender within four weeks to obtain regular bail governed by Supreme Court guidelines.
Application dismissed with direction to surrender within four weeks; no coercive action during this period.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10407 of 2022
Applicant :- Sourav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vivek Singh, learned counsel for applicant and Sri Aditya Kumar Singh, learned A.G.A. for State and also perused the material available on record.
The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 481 of 2020, under Sections 323, 504, 506, 342, 308 I.P.C., P.S.- Beeta-2, District- Gautam Budh 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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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. has no objection to the prayer made by the 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 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) .
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.
With the above observations and directions, this application is disposed of.
Order Date :- 17.11.2022 Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.11.18 16:17:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant anticipatory bail or dismiss the application with liberty to file a regular bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 · Who else cites this
1 provisions across 1 enactments
Sourav
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
