Byas Sharma and Another v. State of U.P. and 3 Others

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10523 of 2023 Applicant :- Byas Sharma And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivekanand Yadav,Vinay Kumar Jaiswal Counsel for Opposite Party :- G.A.,Ranvijay Kumar Hon'ble Shekhar Kumar Yadav,J.

1.Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State and perused the material available on record.

¶2This Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C by the applicants with the prayer to grant the anticipatory bail with a direction that in the event of arrest in pursuance of Case Crime No. 289 of 2022, under Sections 323, 504, 506, 452, 427, 354 IPC and Section 9 (L)/10 POCSO Act, P.S. Sikariganj, District Gorakhpur.

¶3During arguments, learned counsel for the applicants 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.

¶4Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants 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).

¶5With the above observations, this application u/s 438 Cr.P.C. is disposed of finally. Order Date :- 30.10.2023/A. High Court of Judicature at Allahabad