Abhishek Yadav v. State of U.P and 3 Others
Case brief
What is this about?
In an anticipatory bail application under Section 438 CrPC, the applicant's counsel requested withdrawal of the application with liberty to file a regular one. The High Court granted liberty to surrender and directs that any subsequent bail application be decided per Satender Kumar Antil guidelines.
What did the court decide?
Application disposed; applicant must surrender within four weeks; regular bail application (if any) to be decided per Satender Kumar Antil guidelines.
What the court decided
Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11156 of 2022
Applicant :- Abhishek Yadav Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Janardan Counsel for Opposite Party :- G.A.,Sandeep Kumar Chaturvedi
Hon'ble Krishan Pahal,J.
Heard Sri Janardan, learned counsel for applicant, Sri Sandeep Kumar Chaturvedi, learned counsel for the first informant and Smt. Ladli Pandey, learned A.G.A. for State .
The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 80 of 2022, under sections 323, 504, 326 I.P.C., P.S. Jhangaha, district Gorakhpur.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 four weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid by Supreme Court in the case of Satender Kumar Antil (supra).
Issues for consideration
2 issues framed by the court
Whether the anticipatory bail application should be allowed given the withdrawal by the applicant's counsel and liberty to file a regular bail application.
Whether coercive action can be taken against the applicant during the surrender period.
Parties & counsel
- applicant
Abhishek Yadav
- respondent
State Of U.P
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- ABAIL/11156/2022
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