Devendra and Another Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2022)

Devendra and Another Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Application permitted to be withdrawn with liberty to file a regular bail application, to be decided keeping in view the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922; applicants to surrender within four weeks; interim protection from coercive action for four weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicants (Devendra and Yogendra) are entitled to anticipatory bail/protection in regard to FIR/Case Crime No. 449 of 2015, under Sections 147, 148, 149, 323, 506, 325, 364 IPC, P.S.- Sikanderabad, District- Bulandshahar.

Court's answer

The applicants shall surrender before the concerned court below within four weeks; if a regular bail application is filed, it shall be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil (supra).

Ratio / Principle

For four weeks from the date of the order or until surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against applicants Devendra and Yogendra in the above case.

Detailed headnote1 paragraphs

Anticipatory bail application under Section 438 Cr.P.C. (Crl. Misc. Anticipatory Bail Application No. 9846 of 2022) concerning FIR/Case Crime No. 449 of 2015, under Sections 147, 148, 149, 323, 506, 325, 364 IPC, P.S.- Sikanderabad, District- Bulandshahar. Counsel for applicants (Devendra and Yogendra) sought dismissal of the application as withdrawn with liberty to file a regular bail application, to be decided in view of the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922; the learned A.G.A. raised no objection. The Court (Krishan Pahal, J.) directed the applicants to surrender before the court below within four weeks, directed that any regular bail application be decided in view of the law laid down in Satender Kumar Antil (supra), and ordered that no coercive action be taken against the applicants for four weeks or until surrender, whichever is earlier. Application disposed of accordingly (Order Date: 31.10.2022).

Court No. - 78

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9846 of 2022

Applicant :- Devendra And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Harish Yadav,Satyendra Kumar Pandey Counsel for Opposite Party :- G.A.,Bhawesh Pratap Singh

Hon'ble Krishan Pahal,J.

Heard Sri Harish Yadav, learned counsel for applicants and Sri Bhawesh Pratap Singh, learned counsel for the informant as well as Sri Vaibhav Anand 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. 449 of 2015, under Sections 147, 148, 149, 323, 506, 325, 364 IPC, P.S.- Sikanderabad, District- Bulandshahar.

After arguing for some time, applicants' 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 2021 SCC Online SC 922 .

Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicants.

In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants 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 applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants Devendra and Yogendra, in the above case.

With the above observations and directions, this application is disposed of.

Order Date :- 31.10.2022 Vikram

Digitally signed by VIKRAM SINGH Date: 2022.11.01 16:18:23 IST Reason: Location: High Court of Judicature at Allahabad