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Neutral Citation No. - 2025:AHC:12969 Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10630 of 2024 Applicant :- Shashi Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- Arvind Kumar Mishra,Devendra Mishra,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ashish Singh, learned counsel for the applicant, Sri Arvind Kumar Mishra, learned counsel for the first informant and Sri Birendra Pratap Singh,
learned counsel for the State and perused the material on record.
3. This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant- Shashi Jatav, seeking anticipatory bail in Case Crime No. 914 of 2021 (Sessions Case No.2217 of 2022), under Sections 147, 148, 149, 323, 307, 354 and 120-B I.P.C., Police Station Sikandrabad, District Bulandshahr.
4. On 09.12.2024 the following order was passed:-
"1. List revised.
2. Sri Ashish Singh, learned counsel for the applicant, Sri Arvind Kumar Mishra, learned counsel for the first informant and Sri Bade Lal Bind, learned A.G.A for the State are present.
3. At the very outset, learned counsel for the applicant submits that the applicant has been summoned under Section 319 Cr.P.C. and against the said order, a Criminal Revision No.4630 of 2023 (Shashi Jatav Vs. State of U.P. and another) has been filed before this Court in which after arguments, judgement has been reserved by a coordinate Bench of this Court vide order dated 17.10.2024 and as such the present matter be adjourned for three weeks awaiting outcome of the judgement in the revision petition.
4. As prayed, matter is adjourned.
5. Let the matter be listed on 10.01.2025."
5. Learned counsel for the applicant submits that the said revision has been decided by a means of a judgement & order dated 07.01.2025 passed by a co-ordinate Bench of this Court whereby it has been dismissed, the copy of the said judgement & order has been produced before the Court which is taken on record.
6. At the very outset, learned counsel for the applicant submits that the present anticipatory bail application be dismissed as withdrawn as the applicant shall
appear before the court concerned and seek appropriate remedy available to her under law but the court concerned be directed to consider the fact that the applicant is a lady.
7. Learned counsel for the first informant and learned counsel for the State have no objection to the said proposition.
8. In view of the limited submission of learned counsel for the applicant, the present anticipatory bail application is dismissed as withdrawn.
9. The applicant shall be at liberty to seek the appropriate remedy available to her under law. The fact that she is a lady is already present and available to her which is expected to be considered.
Order Date :- 24.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad