Sardar And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 21271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:158674
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2346 of 2023
 

 
Applicant :- Sardar And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shekhar Gangal
 
Counsel for Opposite Party :- G.A.,Devesh Kumar Shukla,Dharmesh Kumar Shukla
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard learned counsel for the applicants and Sri Devesh Kumar Shukla, learned counsel for the opposite party no, 2 as well as learned A.G.A. for the State and perused the material available on record.

2. This Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C by the applicant with the prayer to grant the anticipatory bail with a direction that in the event of arrest in pursuance of Special Case No. 2824 of 2020, (State of U.P. Vs. Kaluaa and others), and charge sheet dated 19.8.2020, Case Crime No. 257 of 2020, under Sections 147, 148, 452, 323, 504, 506 IPC and Section 3 (2) 5a of the SC/ST Act, P.S. Khair, District Aligarh.

3. During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for grant of anticipatory bail in the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicant in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

4. Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

5. With the above observations, this application u/s 438 Cr.P.C. is disposed of finally.

6. It is made clear that the Application U/S 482 No. 18925 of 2021 is disconnected from this Anticipatory Bail Application.

Order Date :- 8.8.2023/A.