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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Sanjay Sharma – Applicant
Versus
State of Uttar Pradesh – Opposite Party
Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 6575 of 2024
Decided On : 09-07-2024
ANTICIPATORY BAIL - APPLICATION - The court addressed an anticipatory bail application under various IPC sections, allowing the applicant to seek bail before the concerned court, emphasizing adherence to the precedent set in Satender Kumar Antil case regarding timely disposal of bail applications.
Fact of the Case:
The applicant filed an anticipatory bail application in relation to F.I.R./Case Crime No.260 of 2023, which involved serious charges under multiple sections of the IPC.
Finding of the Court:
The court noted that the applicant's counsel did not wish to press the application on merit but sought a direction for the bail application to be disposed of in accordance with established legal principles.
Issues: Whether the applicant should be granted anticipatory bail and the procedure for the disposal of the bail application.
Ratio Decidendi: The court relied on the precedent set by the Supreme Court in Satender Kumar Antil's case, which mandates that bail applications should be disposed of promptly when filed.
Final Decision: The anticipatory bail application was disposed of with a direction that the applicant's bail application would be considered by the concerned court if he appeared within two weeks.
JUDGMENT :
Hon'ble Sameer Jain, J.
1. Heard Sri Vijay Kumar, learned counsel for the applicant, Sri Nikhil Srivastava, learned counsel for the informant and Dr. S.B.Maurya, learned AGA-I, for the State.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.260 of 2023, under Sections 420, 406,467,468, 471, 507 and 120B IPC, Police Station Indirapuram, District Ghaziabad with the prayer to enlarge him on anticipatory bail during trial.
3. At the very outset, learned counsel for the applicant submits that he does not want to press the instant anticipatory bail application on merit and a direction may be given to the court concerned that if applicant appears before it and applies for bail then his bail application shall be disposed of in view of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 SCC 51.
4. Learned counsel for the informant as well as learned AGA are not having any objection if any such direction is given to the court concerned.
5. I have heard both the parties and perused the record of the case.
6. Considering the submissions advanced by learned counsel for the applicant, learned counsel for the informant and the learned AGA, in case applicant appears before the court concerned within two weeks from today and applies for bail in the instant matter, then his bail application shall be disposed off by the court concerned in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra).
7. The instant anticipatory bail application stands disposed off accordingly.
8. However, it is made clear that no further time shall be given to the applicant.
The court established that anticipatory bail applications must be disposed of in a timely manner as per the guidelines set by the Supreme Court.
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 emphasized the protection of individual liberty under Article 21 and granted anticipatory bail under IPC Section 406, citing Supreme Court guidelines.
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 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.
In case of breach of any of conditions, court below shall have the liberty to cancel the anticipatory bail of the applicant.
The court may grant anticipatory bail considering the compromise arrived at between the parties and the facts and circumstances of the case.
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