Allahabad High Court
Arafat Alam vs State Of U.P. And 2 Others on 24 April, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3796 of 2023 Applicant :- Arafat Alam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. Heard Sri Faiz Ahmad, learned counsel for the applicant, Sri Abhijeet Mukherjee, learned counsel for the informant as well as Sri Rohit Dubey, learned A.G.A. for the State and also perused the record.
2. The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 176 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 307, 332, 353, 435, 427, 504, 505 (2), 506, 120B I.P.C., 4/5 The Explosive Substances Act, 7 Criminal Law Amendment Act, 83 Juvenile Justice Act, and 3/4 Prevention of Damage to Public Property Act, P.S.- Kareli, District- Prayagraj.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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. and learned counsel for the informant have no objection to the prayer made by the 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 a period of four weeks 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).
6. For the period of four weeks from today or till the time of surrender of the applicant before the concerned 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.
(Justice Krishan Pahal) Order Date :- 24.4.2023 Shalini