Akram @ Kale and 5 Others v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11827 of 2023 Applicant :- Akram @ Kale And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Haris Khan,Rafiqa Anees Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Ms. Rafiqa Anees Khan, learned counsel for the applicants and Sri R.P. Patel, learned A.G.A. for the State and also perused the record.

¶3The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 133 of 1995, under Sections 323, 436, 504, 120-B of I.P.C., P.S.- Hasanpur, District-Amroha.

¶4After arguing for some time, applicants' 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 A.G.A. has no objection to the prayer made by the learned counsel for the applicants.

¶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 applicants 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 applicants before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants, namely, Akram @ Kale, Rashid, Kasim, Saleem, Yaseen and Shakir @ Sadik, in the above case. (Justice Krishan Pahal) Order Date :- 30.10.2023 Siddhant High Court of Judicature at Allahabad