Naseem vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6917 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 584 of 2023
 

 
Applicant :- Naseem
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home
 
Counsel for Applicant :- Brij Bhushan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.

The present application has been filed seeking anticipatory bail in case crime No.C-34 of 2007 under sections 419, 420, 467, 468, 471, 406 I.P.C., P.S. Dargah Sharif, district Bahraich.

Learned Addl. Government Advocate has submitted that the incident is of 2007. Charge sheet has been filed way back and from the rejection order, it appears that the applicant has a criminal history of nine cases and the applicant has been avoiding process issued by the court and non-bailable warrant has been issued.

On due consideration to the submission advanced by learned A.G.A., I am not inclined to enlarge the applicant on anticipatory bail as this case does not fall in the category in which such bail can be granted. The application is dismissed.

However, liberty is granted to the applicant to file regular bail application before the court of competent jurisdiction and if filed within 20 days from today, the same shall be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021.

The applicant's counsel submits that the applicant is 65 years old. Considering this fact, It is further provided that in case any interim bail application is filed along with the regular bail application, that will be decided on day one.

Order Date :- 2.3.2023

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