Vishal Chawla vs State Of U.P.
2023 Latest Caselaw 8940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2515 of 2023
 

 
Applicant :- Vishal Chawla
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- P.H. Vashishtha
 
Counsel for Opposite Party :- G.A.,Hemant Kumar
 

 
Hon'ble Nalin Kumar Srivastava,J.

Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Vishal Chawla in Criminal Case No. 2806 of 2020, arising out of case crime no. 0088 of 2019, under Sections 498-A and 323 I.P.C., Police Station - Mahila Thana, District - Meerut.

Heard learned counsel for the applicant as well as the learned AGA and perused the material available on record.

It appears from the perusal of the record that earlier the applicant alongwith two other co-accused persons had approached this Court vide application U/S 482 No. 25342 of 2022 wherein he confined his prayer to the extent that a direction be given to the Court concerned to decide the bail application of the applicants in the light of the law laid by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Breau of Investigation and others, MANU/SC/0651/2022. The said prayer was considered by this Court and vide order dated 19.9.2022 it was directed to the Court concerned to decide the bail application of the applicant in light of the law laid down by the Apex Court in Satendra Antil case (supra). It also reveals from the perusal of the record that subsequently bail application was moved by the co-accused persons Dharamveer and Kamlesh before the trial court and same was allowed but the present applicant did not move regular bail application before the trial court and did not avail the protection granted in Satendra Antil case (supra), as ordered by this Court vide aforesaid order dated 19.9.2022. Anticipatory bail application moved on behalf of the applicant was rejected by the Court concerned vide order dated 20.1.2023, hence, now the present application has been filed.

This is nothing but an abuse of process of law that when a direction was given in favour of the applicant to avail protection granted in the light of law laid down in Satendra Antil case (supra) and he did not avail the same and chose to file anticipatory bail application. The aforesaid direction by this Court vide order dated 19.9.2022 is still operative and since the offence for which charge sheet has been submitted is punishable with the imprisonment upto seven years and non-bailable warrant has been issued against the applicant but no process under Sections 82 and 83 CrPC has been issued against the applicant and he has not been declared absconder, hence, in this forum also a protection of Satendra Antil case (supra) may be granted to the applicant.

Hence, it is observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

On the basis of request of the learned counsel for the applicant, it is further directed that the Court concerned while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit.

With these observations, the application stands disposed of accordingly.

Order Date :- 27.3.2023

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