Neutral Citation No. - 2025:AHC-LKO:14428 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 297 of 2025 Applicant :- Kamal Kishor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. In view of the proposed order, the notice to opposite party no. 2 is hereby dispensed with. In the present case, the applicant is apprehending his arrest in case crime no. 986 of 2017, under Sections 419, 420, 406 of IPC at P.S. Kotwali Nagar District Bahraich. The learned counsel has stated that though the complaint has been filed under those sections, wherein, the applicant may be given the benefit of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 but he is apprehensive that as and when the present applicant appears before the trial Court concerned, he may be taken into judicial custody. Learned AGA has stated that since the law propounded by the Apex Court in Satender Kumar Antil (Supra) is the law of the land, therefore, the aforesaid apprehension of the applicant is baseless. Having heard the learned counsel for the parties and having perused the Sections under which the complaint has been filed, it is clear that those sections are having punishment up to seven years and in cases where allegation is relating to the offence having punishment up to seven years, the accused applicant is given the benefit of dictum of Apex Court in Re:- Satender Kumar Antil (supra), therefore, I do not find any cogent reason that the present applicant would not be given the benefit of Satender Kumar Antil (supra) in the present case, inasmuch as Sections 419, 420 and 406 of IPC, which are having punishment up to seven years. Therefore, without entering into the merits of the issue, I hereby disposed of this issue finally at the admission stage giving liberty to the applicant to appear before the learned trial court and may file his application for bail and may also file other applications seeking benefit of dictum of Apex Court in Re:- Satender Kumar Antil (Supra), within a period of two weeks and if such application is filed by the applicant before the learned trial Court, that application would be heard and disposed of by affording opportunity of hearing to the parties concerned with expedition giving him benefit of the dictum of Apex Court in re:- Satender Kumar Antil (supra). In any case, the aforesaid application is not disposed on the same day for any cogent reason, the applicant may prays for interim bail and such prayer would be considered by the learned trial Court in the light of Satender Kumar Antil (supra). It is needless to say that till disposal of such application, the applicant may not be taken into custody. Order Date :- 10.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench