Rahul vs State Of U.P.
2024 Latest Caselaw 20409 ALL

Allahabad High Court

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

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:101037
 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
*****
 
(Sl. No. 15)
 
Court No. - 81
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5580 of 2024
 

 
Applicant :- Rahul
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ajit Kumar,Satya Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Anish Kumar Gupta,J.
 

1. Heard Sri Satya Prakash Singh, learned counsel for the applicant and Sri Muni Raj Mehrotra, learned A.G.A. for the State.

2. The instant application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 1202 of 2016 under Section 419, 420, 467, 468, 471, 506, 406 I.P.C. Police Station-Harraiya, District-Basti arising out of FIR dated 27.10.2016.

3. Learned counsel for the applicant submits that initially the aforesaid case crime was registered under Sections 419, 420, 467, 468, 471, 506, 406 I.P.C., however, the charge sheet has been filed only under Sections 420, 406 and 506 I.P.C., P.S. Harraiya, District-Basti and his anticipatory bail application has already been rejected by learned Sessions Judge vide order dated 28.03.2024. Learned counsel for the applicant do not press the instant application on merits but seeks a direction to surrender before the trial court and seek a regular bail in terms of the judgment of the Apex Court in Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

3. In view of the aforesaid, since the applicant is not pressing the application for anticipatory bail, learned A.G.A. do not oppose the prayer with regard to the disposal of the instant application in terms of the judgement of Satendra Kumar Antil (supra).

4. Accordingly, the present bail application is disposed of in view of the judgement in Satendra Kumar Antil (Supra) directing the applicant to surrender and apply for bail before the court below within three weeks from today.

5. Till then, it is directed that no coercive steps shall be taken against the applicant.

6. It is made clear that in case the applicant fails to surrender and apply for bail within the stipulated time, the interim protection granted to the applicant shall stand automatically vacated.

Order Date :- 3.6.2024

Kirti/o.k.

(Anish Kumar Gupta, J.)