Disposed

Farukh @ Fakru v. State of Up and Another

Allahabad HC17 Oct 2024ABAIL/9661/2024

Case brief

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What is this about?

High Court of Judicature at Allahabad disposed of an anticipatory bail application by directing the applicant to surrender within two weeks. During this period, the non-bailable warrant against the applicant is kept in abeyance while the trial court decides the bail application expeditiously.

What did the court decide?

Direction to applicant to surrender within two weeks; non-bailable warrant kept in abeyance until surrender or expiry; trial court to consider bail application expeditiously.

Farukh @ Fakru vs State of Up and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:184123

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9661 of 2024

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Applicant :- Farukh @ Fakru Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babloo Pant Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This anticipatory bail application has been filed by the applicant to grant anticipatory bail to the applicant in Case No.16166 of 2022 arising out of Case Crime No.714 of 2016, under Section 307 I.P.C., at Police Station- Lisari Gate, District- Meerut, during the pendency of the trial.

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Learned counsel for the applicant submits that initially charge-sheet was submitted in the year 2016 and the applicant applied for bail under sections 354, 452, 324, 506 I.P.C. and on 07.10.2016, Additional Chief Judicial Magistrate, Meerut granted bail to the applicant. Thereafter, Investigating Officer submitted second supplementary charge-sheet in the year 2017. Now after getting knowledge that second supplementary charge-sheet has been filed, he has moved the present anticipatory bail application.

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Learned A.G.A. has vehemently opposed the aforesaid prayer of the applicant and submitted that non-bailable warrant has been issued against the applicant and second charge-sheet submitted in the year 2017, court has taken cognizance and issued summons to the applicant and deliberately applicant has not cooperated with the trial proceeding. Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrender before the concerned Court below within two weeks from today and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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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For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicant, shall be kept in abeyance.

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With the above observations and directions, this anticipatory bail application stands disposed of.

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Order Date :- 25.11.2024 SKD

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

Farukh @ Fakru v. State of Up and Another

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Farukh @ Fakru v. State of Up and Another

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