Dismissed

Shakil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC26 Jul 2024ABAIL/1659/2024

Case brief

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What is this about?

The Court dismissed an anticipatory bail application because the charges were punishable up to seven years, implying no apprehension of arrest. The applicant was given liberty to file a regular bail application before the trial court within fifteen days.

What did the court decide?

Application rejected; liberty granted to file regular bail application within 15 days before the trial court.

Shakil vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50885

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1659 of 2024 Applicant :- Shakil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the respondent State.

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Notices to respondent no.2 are dispensed with in view of the proposed order.

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The present bail application has been filed by the applicant seeking anticipatory bail in FIR No./Case Crime No. 248/2024, under Sections 323/504/506/453/354/428 IPC and Section 11 of the Prevention of Cruelty to Animal Act, 1960, P.S. Sakram, District Sitapur.

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Learned A.G.A. for the respondent State has raised preliminary objection that the offences are punishable up to seven years, therefore, it cannot be presumed that there is any apprehension of arrest of the applicant. In view of law laid down by Hon'ble Supreme Court in the case of "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021 the applicant can very well appear and surrender before the trial court and shall be enlarged on bail without being taken into custody. The anticipatory bail is not maintainable as there is no apprehension of arrest.

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In view of submissions made by the learned A.G.A. so also considering the law laid down in the case of Satender Kumar

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Antil, I am not inclined to entertain the anticipatory bail application, hence, the application is rejected. However, liberty is granted to the applicant to file a regular bail application before the learned trial court, which, if filed within 15 days from today, the same shall be considered and decided strictly in view of the law laid down by Supreme Court in Satender Kumar Antil (supra).

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Order Date :- 26.7.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shakil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shakil v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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