High Court disposed of an anticipatory bail application wherein the applicant voluntarily withdrew the plea with liberty to file a regular bail application, directing surrender within four weeks.
No coercive action for four weeks; liberty to file regular bail application after surrender.
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Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1186 of 2023
Applicant :- Chandan Singh Mangal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Brijesh Chandra Tripathi,Sunil Kumar Dubey
Hon'ble Krishan Pahal,J.
Heard Sri Pankaj Dwivedi, learned counsel for applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for State and also perused the material available on record. None is present on behalf of the informant even in the revised call.
The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 41 of 2021, under Sections 323, 506, 308, 324 I.P.C., P.S.- Kagaraul, District- Agra.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 made by the 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 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 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 :- 23.3.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant anticipatory bail or allow withdrawal with liberty to file a regular bail application under Satender Kumar Antil guidelines.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherExplained¶7
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 · Who else cites this
Chandan Singh Mangal
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
