Allahabad High Court
Pramod Kumar (Lekhpal) vs State Of U.P. on 21 October, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10008 of 2022 Applicant :- Pramod Kumar (Lekhpal) Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Sri Pawan Singh Pundir, learned counsel for applicant as well as Sri P.K. Srivastava, learned Additional Government Advocate for State.
The present application for anticipatory bail has been filed for protection in regard to Case Crime No.622 of 2014, under Sections 420, 468, 417, 218, 219 I.P.C., 2/3 Prevention of Damage to Public Property Act, 1984 and 2, 9, 17(?), 34(?), 39, 50 and 51 of Wildlife Protection Act, 1972, P.S. Bhopa, District Muzaffarnagar.
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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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.
Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.
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 eight 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 case of Satender Kumar Antil (supra).
For the period of eight 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.
With the above observations and directions, this application is disposed of.
Order Date :- 21.10.2022 Ravi Kant