Jasram and 3 Others v. State of U.P. and 2 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11124 of 2023 Applicant :- Jasram And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Rai,Ram Kumar Dubey Counsel for Opposite Party :- G.A.,Birendra Kumar Gautam Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Ram Kumar Dubey, learned counsel for applicants and Sri Birendra Kumar Gautam, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned Additional Government Advocate for State.

¶3Learned counsel for the applicant has stated that applicant no.4-Krishna Gopal Garg has been arrested, as such the present anticipatory bail application has been rendered infructuous qua applicant no.4.

¶4The present anticipatory bail application qua applicant no.4 is dismissed as infructuous.

¶5The present anticipatory bail application is being decided with respect to applicant nos.1, 2 and 3, namely, Jasram, Bhushan and Jitendra.

¶6The present application for anticipatory bail has been filed on behalf of applicants for protection in regard to Case Crime No.380 of 2023, under Sections 147, 148, 323, 324, 452, 307 and 354-B I.P.C., P.S. Dhampur, District Bijnor.

¶7After 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.

¶8Learned A.G.A. and learned counsel for the informant have no objection to the prayer of learned counsel for the applicants.

¶9After 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 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).

¶10For the period of one month from today or till the time of surrender of the applicants before the concerned court, whichever is earlier, no coercive action shall be taken against the applicants, in the above case. Order Date :- 08.12.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad