Shah Alam v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13166 of 2023 Applicant :- Shah Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Surendra Kumar Tiwari, learned counsel for applicant as well as Sri Sunil Kumar, learned Additional Government Advocate for State.

¶3The present application for anticipatory bail has been filed for protection in regard to Case Crime No.103 of 2021, under Sections 306, 452, 504, 506 I.P.C., Police Station-Atarsuiya, District-Prayagraj.

¶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 one month 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 one month 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 :- 30.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad