Kamalawati Devi v. State of U.P. and Anotehr

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12862 of 2023 Applicant :- Kamalawati Devi Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Vivek Shukla,Seema Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Vivek Shukla, learned counsel for the applicant as well as Sri Sunil Kumar, 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. 430 of 2020, under Sections 308, 323, 504, 34 I.P.C., P.S.- Bansgaon, District-Gorakhpur.

¶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 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 a direction that the applicant shall surrender before the concerned court 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 the 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, whichever is earlier, no coercive action shall be taken against the applicant, in the above case. (Justice Krishan Pahal) Order Date :- 1.12.2023 Shalini High Court of Judicature at Allahabad