The High Court disposed of an anticipatory bail application after the applicant's counsel withdrew the prayer with liberty to file a regular bail application, directing surrender and adherence to Supreme Court guidelines for regular bail.
Relief to surrender within one month and reduced undertaking period to avoid coercive action.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10783 of 2022
Applicant :- Rajpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vindeshwari Prasad,Neelesh Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Neelesh Kesharwani, learned counsel for applicant as well as Sri Vibhav Anand Singh, learned Additional Government Advocate for State.
The present application for anticipatory bail has been filed for protection in regard to Case Crime No.70 of 2022, under Sections 420, 406, 323 and 506 I.P.C., P.S. Khajuriya, District Rampur.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 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 :- 16.11.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.11.17 17:16:59 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and another 2022 SCC OnLine SC 825Referred¶7
Rajpal
State of U.P.
Krishan Pahal
As recorded by the court registry
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