Vipin Kumar v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12670 of 2023 Applicant :- Vipin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bilas Yadav,Ashutosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Ram Bilas Yadav, learned counsel for applicant as well as Sri V.P. Singh, learned Additional Government Advocate for State.

¶3The present application for anticipatory bail has been filed for protection in regard to Case No.3222 of 2021, arising out of Case Crime No.1173 of 2019, under Sections 376, 323 I.P.C., Police Station-Noida Sector-49, District-Gautam Budh Nagar.

¶4After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be disposed of with a direction 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 of 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 a direction that the applicant shall surrender before the concerned court below within a period of six 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 case of Satender Kumar Antil (supra).

¶7For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant, in the above case. Order Date :- 20.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad