Hariom and Another v. State of U.P

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11278 of 2023 Applicant :- Hariom And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.,Brajesh Kumar Singh Hon'ble Shekhar Kumar Yadav,J.

¶1Heard Mr. Akhilendra Yadav. learned counsel for the applicants, learned Additional Government Advocate for the State and Mr. Brajesh Kumar Singh, learned counsel for the informant.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case Crime No.413 of 2022, under Section 308 IPC, Police Station Narkhi, District Firozabad.

¶3During arguments, learned counsel for the applicants has submitted that since the offence is punishable below seven year, a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

¶4Considering the facts and circumstances of the case, the present anticipatory bail application is disposed of with the direction that in case the applicants appear before the court below and file bail application, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

¶5The present anticipatory bail application stands disposed of. Order Date :- 19.10.2023 Ajeet High Court of Judicature at Allahabad