Rajesh Kumar and 2 Others v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6844 of 2023 Applicant :- Rajesh Kumar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Mahesh Chandra Tiwari, learned counsel for applicants as well as Sri S.P. Pandey, learned Additional Government Advocate for State.

¶3The present application for anticipatory bail has been filed for protection in regard to Case No.1006 of 2009, arising out of Case Crime No.734 of 2008, under Sections 420, 467, 468, 471 I.P.C., Police Station-Sikohabad, District-Firozabad.

¶4After arguing for some time, applicants' 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 applicants.

¶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 applicants 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 applicants before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicants-Rajesh Kumar, Sanjeev Kumar and Anil Kumar, in the above case. Order Date :- 7.12.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad