Court dismissed anticipatory bail application for U/S 363, 366, 376D IPC, 3/4 POCSO committed offence. Directed applicant to surrender within four weeks to court below. Relief granted: no coercive action until surrender.
No coercive action against applicant till surrender within four weeks.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11397 of 2022
Applicant :- Mohd Aslam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra
Hon'ble Krishan Pahal,J.
Heard Sri Danish, learned Advocate holding brief for Sri Virendra Singh Tomar, learned counsel for applicant, Sri Ja and Sri Pradeep Kumar, learned A.G.A. for State .
The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 260 of 2019, under sections 363, 366, 376D I.P.C. and Section 3/4 of the POCSO Act, P.S. Kakroli, district Muzaffar 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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 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).
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- Mohd Aslam in the above case.
With the above observations and directions, this application is disposed of.
Order Date :- 12.12.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.12.13 09:24:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether an order of dismissal of anticipatory bail application with liberty to file regular bail is maintainable.
Whether surrender within four weeks can preclude coercive action during that period.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶7
2022 SCC OnLine SC 825 · Who else cites this
1 provisions across 1 enactments
Mohd Aslam
State Of U.P
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
