Citation : 2024 Latest Caselaw 19949 ALL
Judgement Date : 30 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:99214 Court No. - 75 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4950 of 2024 Applicant :- Satish @ Ghanshyam Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Shukla,Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
2. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.125 of 2024, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and 6/10 of U.P. Public Examinations (Prevention of Unfair Means) Act, P.S. Kotwali Khalilabad, District Sant Kabir Nagar.
3. At the outset of the argument, counsel for the applicant fairly conceded that applicant is proclaimed offender. Proceedings under Sections 82 Cr.P.C. are going on.
4. In view of the Hon'ble Apex Court judgment passed in State of Haryana vs. Dharamraj, 2023 SCC Online SC 1085, anticipatory bail application is not maintainable.
5. Without going into the merits of the case, in view of the Apex Court's judgment referred above, the applicant is not entitled for any indulgence by this Court.
6. With the aforesaid observation, instant anticipatory bail application of the applicant Satish @ Ghanshyam Maurya under Sections 438 Cr.P.C. is hereby rejected.
7. However, if applicant surrenders and applies for bail before the concerned court below within two weeks from today, the same shall be considered and decided by the court below in accordance with law.
Order Date :- 30.5.2024
Meenu Singh
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