Sakir vs State of Up

Neutral Citation No. - 2024:AHC:136343

Court No. - 68

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7636 of 2024

Applicant :- Sakir Opposite Party :- State of U.P. Counsel for Applicant :- Sheeba Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

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Heard Ms. Sheeba Rizvi, learned counsel for applicant as well as Sri Sunil Kumar, learned Additional Government Advocate for State.

The present application for anticipatory bail has been filed for protection in regard to Case Crime No.0250 of 2020, under Sections 308, 323 and 506 I.P.C., P.S. Kotwali City, District Bijnor.

After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 .

Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.

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 case of Satender Kumar Antil (supra) .

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.

Order Date :- 27.8.2024 Ravi/-

(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Sakir v. State of Up