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2024 DIGILAW 387 (ALL)

Faizi Khan v. State of U. P.

2024-02-06

KRISHAN PAHAL

body2024
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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.