The court disposed of an anticipatory bail application withdrawn by the applicant counsel, directing surrender within four weeks and allowing a regular bail application to be filed subsequently.
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Court No. - 77 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1621 of 2023 Applicant :- Ravi Urf Pintu Nishad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh,Amit Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for applicants and Mr. Amit Singh Chauhan, learned A.G.A. for State.
The present application has been moved seeking anticipatory bail in Case Crime No. 124 of 2021, under Sections 147, 308, 323, 336 IPC, P.S. Rudhauli, District-Basti with the prayer that in the event of arrest, applicants may be released on bail.
At the very outset, learned counsel for the applicants confined his relief on the aforesaid prayer and submits that applicants are 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to surrender before the court below, therefore, the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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, (2022) 10 SCC 51 .
Learned A.G.A. has no objection to the prayer made by 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 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 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 :- 14.2.2023 DS
Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad
Ravi Urf Pintu Nishad And Another
Manju Rani Chauhan
As recorded by the court registry
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