Dilshad vs State Of U.P. And Another
2022 Latest Caselaw 4348 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3901 of 2022
 

 
Applicant :- Dilshad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri S.K. Singh, Advocate for applicant and learned A.G.A. for State.

2. The present Anticipatory Bail Application under Section 438 Cr.P.C. has been filed by Applicant-Dilshad after rejection of his Anticipatory Bail Application vide order dated 31.03.2022 passed by Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No. 1, Amroha in Case Crime No. 0395 of 2020, under Sections 452, 427, 323, 506 IPC, Police Station Naugawan Sadat, District Amroha.

3. Learned counsel for applicant, fairly submits that this application for anticipatory bail is filed after the charge sheet was filed. Applicant was not arrested during investigation. However, after arguing for some time, on instruction, he 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.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. 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 file bail application and 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 :- 26.5.2022

AK