Rajesh Sonker v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11187 of 2023 Applicant :- Rajesh Sonker Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Pathak Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

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

¶2The present application for anticipatory bail has been filed by the applicant for protection in regard to Case Crime No.154 of 2023, under Section 60/63 U.P. Excise Act, P.S.- Saiyadraja, District-Chandauli.

¶3During arguments, learned counsel for the applicant has submitted that since all the offences are punishable below seven years, a direction may be issued to the court below to decide the bail application of the applicant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC

922.

¶4Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant.

¶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 the Apex court in the case of Satender Kumar Antil (supra).

¶6With the above observations and directions, this application is disposed of. Order Date :- 18.10.2023 // Krishna* High Court of Judicature at Allahabad