Allahabad High Court
Santosh Dixit And Another vs State Of U.P. And Another on 15 June, 2021
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10252 of 2021 Applicant :- Santosh Dixit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicants - Santosh Dixit and Anil Kumar, seeking anticipatory bail in Case Crime No. 135 of 2020, under Sections - 147, 148, 149, 323, 504, 506, 457, 380, 427 I.P.C., Police Station - Chakar Nagar, District - Etawah, during pendency of trial.
3. Submission of learned counsel for the applicants is that the co-accused has already been granted bail under Sections 147, 148, 149, 427, 504, 506 IPC. Now arrest is being sought as to the allegation under Sections 323, 380, 457 IPC.
4. Inasmuch as the applicants have not been granted bail, they cannot seek exercise of discretion by this Court at this stage on the basis of regular bail granted to the co-accused.
5. Accordinlgy, the present application is rejected, leaving it open to the applicants to apply for regular bail, which application when filed may be dealt with and decided on its own merit, as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 15.6.2021 Abhilash