The Court disposed of an anticipatory bail application where the applicant withdrew it, directing surrender within one month and allowing a subsequent regular bail application to be decided per Supreme Court guidelines.
No coercive action taken for one month; applicant directed to surrender; liberty to file regular bail application.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9069 of 2022
Applicant :- Smt. Jai Shri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Hari Prakash Mishra, 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.297 of 2019, under Sections 419, 420, 447, 323, 506 I.P.C., P.S. Awagarh, District Etah.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 :- 2.11.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.11.02 17:15:52 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another
Smt. Jai Shri
State of U.P.
Krishan Pahal
As recorded by the court registry
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