Citation : 2022 Latest Caselaw 5360 ALL
Judgement Date : 23 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 924 of 2022 Applicant :- Sahejan Pal Singh @ Sahansu Pal Singh Opposite Party :- State Of Up Thru. Prin. Secy. Civil Secrtt. Lko Counsel for Applicant :- Pradeep Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The present application has been filed seeking anticipatory bail in Case Crime No.1051 of 2005, under Sections 409 IPC and Sections 13(1)(C), 13(1)(D-2)/13(2) of P.C. Act, Police Station Kotwali City, District Lakhimpur Kheri.
It is argued at the bar that a charge-sheet has already been filed in the matter and the applicant was not arrested during investigation stage and there is no material or justification to harass the applicant. It is also argued that the co-accused has already been enlarged on regular bail.
Considering the statements and the fact that the issue with regard to the applicant co-operating with the investigation has already been considered by the Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another - Special Leave to Appeal (Crl.) No(s). 5191 of 2021, Dated 07.10.2021 and the said judgment is binding on all the courts, the applicant is permitted to apply for regular bail which shall be considered and disposed off by the court below concerned in accordance with law considering the law laid dwon by the Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).
The court below shall also considered whether the co-accused have been enlarged on bail or not.
In view of above, the present bail application is disposed off.
Order Date :- 23.6.2022
akverma
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