Vinod Yadav @ Vinod Kumar (Second ... vs State Of U.P. Thru Secy. Home Lko ...
2022 Latest Caselaw 5184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 897 of 2022
 

 
Applicant :- Vinod Yadav @ Vinod Kumar (Second Anticipatory Bail)
 
Opposite Party :- State Of U.P. Thru Secy. Home Lko And Anr.
 
Counsel for Applicant :- Dinesh Kumar,Lok Pati Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Aslam,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

The instant second anticipatory bail application under Section 438(1) Cr.P.C. has been moved by the applicant with the prayer to enlarge him on bail in the event of arrest by the police in Case Crime No.0341 of 2021, under Sections 323, 504, 506, 307, 34 IPC, Police Station-Satarikh, District-Barabanki.

It is noteworthy that first anticipatory bail application being Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 636 of 2022 (Vinod Yadav @ Vinod Kumar v. State of U.P.) was filed by the applicant which was disposed of by the Co-ordinate Bench of this Court vide order dated 4.5.2022 with the liberty to the applicant to appear and surrender before the lower court in the light of the judgment of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Anr. reported in 2021 SCC Online 922.

It is submitted by the learned counsel for the applicant that the applicant appeared and surrendered before the lower court but the learned counsel has refused to consider the argument of learned counsel for the applicant.

Learned A.G.A. opposed the anticipatory bail application and stated that previous anticipatory bail application was disposed of after some argument advanced by the learned counsel for the applicant and at the request of learned counsel for the applicant direction to appear and surrender before the lower court in the light of the pronouncement of Hon'ble Apex Court in Satender Kumar Antil (supra) was passed.

I have gone through the file.

The pronouncement of the Hon'ble Apex Court in Satender Kumar Antil (supra) is applicable for the offence punishable upto seven years but in this case, the accused-applicant is implicated under Section 307 IPC which does not fall within Category 'A' as categorized by the Hon'ble Apex Court in Satender Kumar Antil (supra).

In above circumstances, I do not find any substance in the instant anticipatory bail application.

The instant anticipatory bail application is, accordingly, dismissed.

Order Date :- 14.6.2022

Jyotsana