Karam Husain v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11179 of 2023 Applicant :- Karam Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.,Sharda Babu Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri Saghir Ahmad, learned Senior Counsel assisted by Sri Sharda Babu, learned counsel for the informant as well as learned A.G.A. for the State and also perused the record.

¶3This is the second anticipatory bail application filed for protection in regard to FIR/Case Crime No. 149 of 2023, under Sections 147, 148, 149, 323, 504, 506, 307 of I.P.C., P.S.- Dudhara, District-Sant Kabir Nagar.

¶4After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be disposed of with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825.

¶5Learned counsel for the informant as well as learned AGA have no objection to the prayer made by the learned counsel for the applicant.

¶6After 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 the direction that the applicant shall surrender before the court concerned within four weeks 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 the case of Satender Kumar Antil (supra).

¶7For the period of four weeks from today or till the time of surrender of the applicant before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant, in the above case. (Justice Krishan Pahal) Order Date :- 18.10.2023 Siddhant High Court of Judicature at Allahabad