Brijesh Pathak Vs State of U.P.

Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1114 of 2023

Applicant :- Brijesh Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Upendra Upadhyay, learned counsel for the applicant, learned AGA for the State and perused the papers on record.

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The present application has been moved on behalf of the applicant- Brijesh Pathak seeking anticipatory bail in Case Crime no. 186 of 2022, u/s 354-A, 323, 504, 506 I.P.C., P.S. Sakal Deeha, District Chandauli, with the prayer to enlarge him on anticipatory bail.

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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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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.

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Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

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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 20 days from today and in case a regular bail application is filed, the same shall be decided strictly according to law.

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For the period of 15 days from today or till the time of appearance of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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

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Order Date :- 17.2.2023 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Brijesh Pathak v. State of U.P.

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Brijesh Pathak v. State of U.P.

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