Nikhil And Another vs State Of U.P. And Another
2023 Latest Caselaw 9520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1026 of 2023
 

 
Applicant :- Nikhil And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shailesh Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicants and learned AGA for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Nikhil & Nitin Kumar, in Case Crime No.- 153 of 2021, under Sections- 307, 504, 506 I.P.C, Police Station- Dheoband, District- Saharanpur.

Applicants have been implicated in this case where allegation of attempt to murder has been levelled. It is a case of no injury.

Learned counsel for the applicants submits that parties have entered into the compromise before the court below. The compromise has been rejected by the Magistrate.

Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

After hearing rival contentions, this court finds that charge-sheet has already been submitted against the applicant. It is not a fit case for granting anticipatory bail.

Application is accordingly rejected.

However on the request of learned counsel for the applicants, it is directed that the in case applicants appear and surrender before the court below within 30 days from today and applying for regular bail, their bail application shall be considered as per judgment and order of Apex Court in the of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021.

For a period of one month they shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

It is made clear that the applicants will not be granted any further time by this court for surrendering before the court below as directed above.

Order Date :- 31.3.2023

SS