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

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12878 of 2023 Applicant :- Brijesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava,Dibyanshu Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

¶1Heard learned counsel for the applicants and learned Additional Government Advocate for the State.

¶2This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case Crime No.15 of 2022, under Sections 147, 149. 323. 506, 308, 325, 354 IPC, Police Station Koraon, District Prayagraj.

¶3During arguments, learned counsel for the applicants has submitted that all the offences are punishable below seven years, hence, a direction may be issued to the court below to decide the bail application of the applicants 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 anticipatory bail application is disposed of with the direction that in case the applicants appear before the court below and file bail application, 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).

¶5The present anticipatory bail application stands disposed of. Order Date :- 23.11.2023 Ajeet High Court of Judicature at Allahabad