Rakesh Kumar Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:124891

Court No. - 74

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5248 of 2023

Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Misc. Anticipatory Bail Application has been filed by applicant to release the applicant on bail in the event of his arrest by the police in connection with Case Crime No. 04 of 2023, Under Section 323, 308, 427 IPC, P.S. Bardah, District Azamgarh.

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After arguing for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 2021 SCC Online SC 922.

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Learned A.G.A. has no objection to the prayer made by the 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 surrenders before the concerned court below, and in case, a regular bail application is filed, the same be decided in view of the law laid by the Apex Court in the case of Satender Kumar Antil (supra).

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

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Order Date :- 7.6.2023/A.

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Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad

Rakesh Kumar v. State of U.P. and Another

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Rakesh Kumar v. State of U.P. and Another

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