Shivcharan vs State Of U.P.
2024 Latest Caselaw 20401 ALL

Allahabad High Court

Shivcharan vs State Of U.P. on 3 June, 2024

Author: Sanjay Kumar Singh

Bench: Sanjay Kumar Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100852
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5597 of 2024
 

 
Applicant :- Shivcharan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.
 

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 14.05.2024 passed by Sessions Judge, Bijnor seeking Anticipatory Bail in Case Crime No. 457 of 2023, under Sections 308, 323, 324, 452, 504, 506 IPC, Police Station Noorpur, District Bijnor.

Learned counsel for the applicant after advancing some argument and on putting certain query by the Court with regard to injuries sustained by the injured submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

On the other hand, learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant.

Having regard to the statement made by learned counsel for the applicant at the Bar, the prayer for anticipatory bail is refused.

However, it is provided that if the applicant surrenders before the concerned court below within three weeks before the Court concerned and applies for bail, his prayer for bail shall be considered and disposed of in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

With the aforesaid observations and directions, this anticipatory bail application is disposed of.

Order Date :- 3.6.2024

Shubham