Dhani Ram Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 12251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1342 of 2022
 

 
Applicant :- Dhani Ram Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
 
Counsel for Applicant :- Ajeet Kumar Yadav,Subhash Chandra Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Supplementary affidavit filed is taken on record.

Heard Shri Ajeet Kumar Yadav, learned counsel for the applicant and Shri Prem Prakash, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of applicant Dhani Ram Yadav under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No.777 of 2019, for offence punishable under Sections 406, 506, 504, 323 of the Indian Penal Code, registered at Police Station- Aashiyana, District- Lucknow till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Special Judge Gangster Act/Additional Sessions Judge, Court No. 5, Lucknow vide order dated 16.07.2022.

Learned counsel for the applicant submits that the applicant has not been arrested during the course of investigation. Charge sheet has been submitted against the applicant and another co-accused Shakuntala Yadav. The offences are punishable up to 7 years.

After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

The application stands disposed of with the aforesaid liberty.

Order Date :- 6.9.2022

S. Shivhare