Bachhkannu @ Ompal Yadav And ... vs State Of U.P. And Another
2022 Latest Caselaw 3216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2226 of 2022
 
Applicant :- Bachhkannu @ Ompal Yadav And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1.Applicants have approached this Court by way of filing the present Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. after rejection of their Anticipatory Bail Application, vide order dated 7.2.2022 passed by Sessions Judge, Bareilly seeking anticipatory bail in Case Crime No.85 of 2020, under Sections 308, 323, 336, 452 IPC, P.S. - Fatehganj East, District - Bareilly.

2. Shri Rizwan Ahmed, a young Advocate holding brief of Shri Manoj Kumar Srivastava, learned counsel for applicants appeared in first round, however, he was not able to assist the Court properly. He seeks time to prepare the case and prayed that matter be taken up after lunch.

3. After lunch, Shri Rizwan Ahmed, Advocate, after arguing for some time and after placing the facts of case fairly submits that offence under which charge sheet has been filed are punishable with imprisonment up to 7 years, therefore, benefit of Satender Kumar Antil vs. Central Bureau of Investigation and another; (2021) 10 SCC 773 may be given to the applicants as they were not arrested during investigation and co-operated in the investigation.

4. Shri K.P. Pathak, learned A.G.A. for State has no objection if the said prayer is allowed.

5. In view of above and appreciating that Shri Rizwan Ahmed, Advocate has prepared the case and gone through Satender Kumar Antil (Supra). Therefore, while rejecting anticipatory bail application of applicant, it is directed that in case applicants appears before the Court and file bail application, the trial Court shall take note of the judgment passed by Apex Court in Satendra Kumar Antil (Supra) and decide their bail application, in accordance with law.

6. Accordingly, the present anticipatory bail application is rejected.

Order Date :- 17.5.2022

Rishabh

[Saurabh Shyam Shamshery, J.]