Citation : 2023 Latest Caselaw 18630 ALL
Judgement Date : 21 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:145410 Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5850 of 2023 Applicant :- Samsu @ Samsuddin And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Ram Kumar, learned counsel for the applicants, learned Additional Government Advocate for the State and Mr. Kuldeep Singh Chahar, learned counsel for the informant.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case Crime No.406 of 2022, under Sections 147, 452, 354, 352, 323, 506 IPC and Section 9/10 of POCSO Act, Police Station Chhata, District Mathura.
3. During arguments, learned counsel for the applicants has submitted that during investigation, the applicants were granted interim protection till filing of charge sheet under Section 173 (2) Cr.P.C. Now charge sheet has been submitted, therefore, he does not want to press the prayer for release the applicants on anticipatory bail. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants 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 anticipatory bail application is disposed of with the direction that in case the applicants appear before the court below and file regular bail application, 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. The present anticipatory bail application stands disposed of.
Order Date :- 21.7.2023
Ajeet
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