Shiv Sagar @ Shiv Kumar v. State of U.P.And Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11405 of 2023 Applicant :- Shiv Sagar @ Shiv Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Jaswant Singh 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.

¶2Mr Raghuraj Singh Kushwaha, Advocate has filed vakalatnama on behalf of informant today, which is taken on record.

¶3The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 0360 of 2022, under Sections 323, 452, 504, 506,308 IPC, P.S. Phaphund, District Auraiya, during the pendency of trial.

¶4After 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.

¶5Learned 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, 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.

¶6In 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).

¶7With the above observations and directions, this application is disposed of. Order Date :- 16.10.2023 RavindraKSingh High Court of Judicature at Allahabad