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IN THE HIGH COURT OF ALLAHABAD
KRISHAN PAHAL, J.
Faizi Khan – Appellant
Versus
State of U.P. – Respondent
Criminal Misc. Bail Application No.52210 of 2019
Decided on : 06-02-2024
Anticipatory Bail - Criminal Law - The court disposed of the anticipatory bail application with a direction for the applicant to surrender before the concerned court within one month and for any regular bail application to be decided in view of the law laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another.
Fact of the Case:
The applicant filed for anticipatory bail in relation to a case under various sections of the Indian Penal Code.
Finding of the Court:
The court found that no case was made out for interference under section 438 of the Criminal Procedure Code and disposed of the anticipatory bail application with specific directions.
Issues: The issues involved the consideration of the applicant's request for anticipatory bail and the applicability of the law laid down by the Supreme Court in a specific case.
Ratio Decidendi: The court's decision was influenced by the guidelines laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another.
Final Decision: The anticipatory bail application was disposed of with a direction for the applicant to surrender before the concerned court within one month and for any regular bail application to be decided in view of the law laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another.
JUDGMENT :
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the record.
3. The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 362 of 2019, under Sections 147, 148, 149, 307, 323, 504, 324, 506, 336 I.P.C., P.S.- Prem Nagar, District-Bareilly.
4. After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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.
5. Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicant.
6. After hearing learned counsel for the parties, no case is made out for interference u/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicant shall surrender before the concerned court within one month from today and in case, a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra).
7. For the period of one month from today or till the time of surrender of the applicant before the concerned court, whichever is earlier, no coercive action shall be taken against the applicant, in the above case.
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.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and the necessity for the appellants to cooperate if thei....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
The court determined that anticipatory bail was not warranted due to the absence of an FIR and directed the police to conduct an inquiry per established guidelines.
The decision emphasized that no person is presumed guilty until proven otherwise, and considered the delay in filing the FIR and lack of concrete evidence against the applicant in granting anticipato....
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