Sarvesh Dubey @ Raju Dubey Vs State of U.P.

Neutral Citation No. - 2023:AHC:125378

Court No. - 74

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6093 of 2023

Applicant :- Sarvesh Dubey @ Raju Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Somendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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

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The present application for anticipatory bail has been filed by the applicant for protection in regard to Criminal Case No.1537 of 2018 (State Vs. Sarvesh), arising out of Case Crime No. 0109 of 2018, under Sections 406, 420 I.P.C., P.S.- Kairana, DistrictShamli.

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for some time, applicants' counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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

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Order Date :- 8.6.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Sarvesh Dubey @ Raju Dubey v. State of U.P.

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Sarvesh Dubey @ Raju Dubey v. State of U.P.

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