Ankit Garg v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11075 of 2023 Applicant :- Ankit Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Husain,Aushim Luthra Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for applicants, learned A.G.A. for State and also perused the material available on record.

¶2The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 0196 of 2021, under Sections 419, 420, 120-B IPC, P.S. Lalkurti, District Meerut during the pendency of trial.

¶3After arguing for some time, applicant's counsel submits that he does not want to press the prayer for release of the applicant on anticipatory bail. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicant in view of the judgement in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

¶4Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicants. It is further submitted that in the present case, maximum punishment for the aforesaid offences is seven years, moreover, NBW has also been issued against the applicant, therefore, applicant may move bail application through counsel in light of order of Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, Special Leave to Appeal (Crl.) No(s). 5191 of 2021 dated 07.10.2021.

¶5In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, the present anticipatory bail application is disposed of with the direction that in case the applicant filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid down by this court in the case of Satender Kumar Antil (supra).

¶6With the above observations and directions, this application is disposed of. Order Date :- 16.10.2023 RavindraKSingh High Court of Judicature at Allahabad