Single judge disposal of anticipatory bail application where applicant withdrew prayer seeking conditional release upon regular bail following Supreme Court guidelines.
Application dismissed as withdrawn with liberty to file regular bail within six weeks; no coercive action against applicant.
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Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1472 of 2023
Applicant :- Shiv Shankar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A.,Sandeep Kumar Dubey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sudhakar Yadav, learned counsel for applicant, Mr. Sandeep Kumar Dubey, learned counsel for the informant and Mr. Pankaj Srivastava, learned A.G.A. for State.
The present application has been moved seeking anticipatory bail in to Case Crime No.486 of 2021, under Sections 419, 420, 467, 468, 471, 406, 506, 120-B I.P.C., P.S. Gulriha, District-Gorakhpur with the prayer that in the event of arrest, applicant may be released on bail.
At the very outset, learned counsel for the applicant confined his relief on the aforesaid prayer and submits that applicant is ready and willing to surrender before the Court below, therefore, the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 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 six 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 six 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 :- 9.2.2023
Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail application should be dismissed as withdrawn with liberty to file regular bail as prayed?
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825Followed¶7
1 provisions across 1 enactments
Shiv Shankar Singh
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
