Mustak vs State Of U.P.
2023 Latest Caselaw 27164 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190430
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10890 of 2023
 

 
Applicant :- Mustak
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sudhir Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard learned counsel for the applicant, 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 Case Crime No. 171 of 2023, under Sections 147, 148, 149, 452, 336, 307 & 506 IPC, Police Station - Sasni/Sasni Kotwali, District Hathras.

3. During arguments, learned counsel for the applicant 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 applicant 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.

Order Date :- 4.10.2023

A. Prajapati