Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6563 Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4038 of 2024 Applicant :- Fateh Mohammad Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mohd. Monis, learned counsel for applicant as well as Sri P.K. Giri, learned A.A.G. assisted by Sri Sunil Kumar, learned A.G.A. for the State and perused the records.
3. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record.
4. The present application for anticipatory bail has been filed for protection in regard to Case Crime No.0019 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 of the POCSO Act, P.S. Khatauli, District Muzaffarnagar.
5. After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC
51.
6. Learned A.G.A. has no objection to the prayer of learned counsel for the applicant.
7. After hearing learned counsel for the parties, no case is made out for interference U/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicant shall surrender before the concerned court within one month 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).
8. For the period of one month from today or till the time of surrender of the applicant before the concerned court, whichever is earlier, no coercive action shall be taken against the applicant, in the above case. Order Date :- 15.1.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad