Mohammad Athar Ali Khan vs State Of U.P.
2023 Latest Caselaw 27368 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:191522
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10692 of 2023
 

 
Applicant :- Mohammad Athar Ali Khan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Istyak Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

3. 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.463 of 2022, under Sections 420 IPC & 63 Copy Right Act, 1957, P.S. Sasni Gate, District Aligarh.

4. During arguments, learned counsel for the applicant has submitted that since all the offences are punishable below seven years. 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.

5. 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).

6. With the above observations, this application u/s 438 Cr.P.C. is disposed of finally.

Order Date :- 5.10.2023

A. Prajapati