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IN THE HIGH COURT OF ALLAHABAD
Jyotsna Sharma, J.
Rizwan Malik And Another - Appellant
Vs.
State of U.P. - Opposite Party
CR.P.C. No. - 142 of 2023
Decided On : 03-03-2023
INDIAN PENAL CODE,1860 – Section 414 – Prevention of Damage to Public Property Act – Section 2, 3 – Seeking Anticipatory – Voluntarily assist in concealing – Learned counsel applicants learned State and perused papers on record – Held, Learned counsel applicant directed that applicant shall surrender before concerned court below case a regular bail application is filed same shall be decided strictly according to law – Appearance of applicants before court whichever is earlier no coercive action shall be taken against applicant case – Application is disposed of.
JUDGMENT :
Jyotsna Sharma, J.
1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicants, Sri O.P. Mishra, learned A.G.A. for the State and perused the papers on record.
2. This application has been moved on behalf of the applicant- Rizwan Malik and Sandeep Pundeer seeking anticipatory bail in Case Crime No.468 of 2018, under Section 2/3 Prevention of Damage to Public Property Act and Section 414 I.P.C., P.S. Sarsawa, District Saharanpur.
3. After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC OnLine SC 825.
4. Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.
5. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within 15 days from today and in case a regular bail application is filed, the same shall be decided strictly according to law.
6. For the period of 15 days from today or till the time of appearance of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
7. With the above observations and directions, this application is disposed of.
The main legal point established in the judgment is the applicability of the law laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another in ....
The court established that anticipatory bail applications must be disposed of in a timely manner as per the guidelines set by the Supreme Court.
In case of breach of any of conditions, court below shall have the liberty to cancel the anticipatory bail of the applicant.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
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