Vishal Singh vs State Of U.P Thru Secretary Home ...
2022 Latest Caselaw 3224 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2299 of 2022
 

 
Applicant :- Vishal Singh
 
Opposite Party :- State Of U.P Thru Secretary Home And Another
 
Counsel for Applicant :- Saksham Srivastava
 
Counsel for Opposite Party :- G.A.,Piyush Tripathi
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Saurabh Pandey, learned counsel for applicant, Sri Deepak Kapoor, learned A.G.A. for State and Sri Piyush Tripathi, Advocate for Complainant.

2. The present Anticipatory Bail Application under Section 438 Cr.P.C. has been filed by Applicant-Vishal Singh in Case Crime No. 759 of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Robertsganj, District Sonbhadra.

3. It is informed at the Bar that charge sheet has been filed in the present case on 01.02.2022. Undisputedly, applicant being husband, was not arrested during investigation though later on there was an interim order passed by this Court on 25.03.2022 to the effect that no coercive action shall be taken against the applicant.

4. Learned counsel for applicant submits that applicant is ready to surrender before the Trial Court and prayed that Trial Court be directed to consider his bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

5. Learned A.G.A. appearing for State and learned counsel appearing for Complainant have no objection against the aforesaid prayer.

6. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicant to surrender before Trial Court and in case bail application is filed, the Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

Order Date :- 17.5.2022

AK