Rajesh v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10604 of 2023 Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Supplementay affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶3This Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C by the applicant with the prayer to grant the anticipatory bail with a direction that in the event of arrest in pursuance of Case Crime No. 222 of 2017, under Sections 147, 307, 504, 506 IPC, P.S. Kayamganj, District Farrukhabad.

4.Learned counsel for the applicants submits that it is case of no injury. The allegation made in the FIR is false and fabricated. No offnece is made out against the applicants under Sections 307 IPC

¶5During arguments, learned counsel for the applicant has submitted that he does not want to press the prayer for grant of anticipatory bail in the above mentioned case. 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 judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

¶6Considering the facts and circumstances of the case, the present 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 by this Court in the case of Satender Kumar Antil (Supra).

¶7With the above observations, this application u/s 438 Cr.P.C. is disposed of finally. Order Date :- 26.10.2023/A. High Court of Judicature at Allahabad