Court disposed of an anticipatory bail application where counsel sought withdrawal and liberty to file a regular bail application, directing surrender within four weeks.
No coercive action for four weeks; direction to surrender within that period; liberty to file regular bail application.
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Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1439 of 2023
Applicant :- Harun Rana Alias Rao Haraun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashok Kumar Singh Bais, learned counsel for applicants as well as Sri Amit Singh Chauhan, learned Additional Government Advocate for State.
The present application has been moved seeking anticipatory bail in Criminal Case No.93 of 2022 (State vs. Mazeed and others) arising out of Charge Sheet dated 25.03.2021 in connection with Case Crime No. 575 of 2020, under Sections 420, 467, 468, 471, 504, 120B, 506 IPC, P.S.Gangoh, District-Saharanpur , with the prayer that in the event of arrest, applicant may be released on bail.
After arguing the matter at length, learned counsel for the applicants confined his relief on the aforesaid prayer and submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 applicants 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 down by the Supreme Court in 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, in the above case.
With the above observations and directions, this application is disposed of .
Order Date :- 8.2.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV 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 reported in 2022 SCC OnLine SC 825 · Who else cites this
Harun Rana Alias Rao Haraun And Another
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
