Sunil Kumar vs State Of U.P. Through Secretary ...
2022 Latest Caselaw 11102 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1293 of 2022
 

 
Applicant :- Sunil Kumar
 
Opposite Party :- State Of U.P. Through Secretary Home Civil Secretariat Lucknow, U.P.
 
Counsel for Applicant :- Rizwanul Haque Ansari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Rizwanul Haque Ansari, learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

The present anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the applicant, Sunil Kumar with the prayer to release him anticipatory bail in case crime no. 248 of 2020 under Sections 420, 406, 504, 506 I.P.C., Police Station- Vikasnagar, District- Lucknow till conclusion of trial, after rejecting anticipatory bail application of the application by Additional Sessions Judge, Court no. 4, District Lucknow vide order dated 18.10.2021.

Learned counsel for the applicant, Sunil Kumar, submits that applicant was not arrested during the course of investigation and charge sheet has been submitted against the applicant. It is further submitted that offences are punishable up to seven years imprisonment.

After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file an appropriate bail application/ proceeding before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

The application stands disposed of with the aforesaid liberty.

Order Date :- 23.8.2022

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