Mahadev Prasad v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12063 of 2023 Applicant :- Mahadev Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Counsel for Opposite Party :- G.A.,Shiv Shankar Kaithal Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Alok Kumar Srivastava, Advocate holding brief of Sri Yogesh Kumar, learned counsel for the applicant and Sri Shiv Shankar Kaithal, learned counsel for the informant as well as Sri S.P. Pandey, 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 Case No.1990 of 2001 arising out of FIR/Case Crime No. 76 of 1991, under Sections 420 & 468 of I.P.C., P.S.- Mangalpur, District-Kanpur Dehat.

¶4After arguing for some time, applicant's 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 counsel for the informant as well as learned AGA have no objection to the prayer made by the learned counsel for the applicant.

¶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 applicant 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 applicant before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant, in the above case. (Justice Krishan Pahal) Order Date :- 17.11.2023 Siddhant High Court of Judicature at Allahabad