Dismissed

Sakir v. State of U.P.

Allahabad HC22 Sept 2023ABAIL/7358/2023

Case brief

AI extract

What is this about?

This single-judge order dismissed an anticipatory bail application under Section 438 Cr.P.C. involving charges of dowry harassment and NRI-related offenses. The court directed the applicant to surrender within one month and file a regular bail application, staying coercive action for that period, while relying on Supreme Court guidelines.

What did the court decide?

Application disposed; directed to surrender within one month and file regular bail; no coercive action for that period.

Sakir Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183972

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7358 of 2023

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Applicant :- Sakir Opposite Party :- State of U.P. Counsel for Applicant :- Babloo Pant Counsel for Opposite Party :- G.A.,Vijay Kumar Dwivedi

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Babloo Pant, learned counsel for the applicant and Sri Vijay Kumar Dwivedi, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the record.

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The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 23 of 2021, under Sections 498A, 323, 504, 506, 376 I.P.C. and 3/4 D.P. Act, P.S.- Mundali, District- Meerut.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be disposed of with a direction 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 .

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Learned A.G.A. and learned counsel for the informant have no objection to the prayer made by the learned counsel for the applicant.

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After hearing learned counsel for the parties, no case is made out for interference u/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicant shall surrender before the concerned court within one month 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 the case of Satender Kumar Antil (supra) .

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For the period of one month from today or till the time of surrender of the applicant before the concerned court, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.

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(Justice Krishan Pahal)

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Order Date :- 22.9.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Sakir v. State of U.P.

Case brief

What is this about?

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Sakir v. State of U.P.

Case brief

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