Km. Khushboo @ Sushma v. State of U.P & Anr.

Heard Ms. Sandhya Chaturvedi, learned counsel for applicant and Sri Vibhav Anand Singh, learned A.G.A. for State. The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 27 of 2018, under sections 452, 323, 336, 504, 506, 308 I.P.C., P.S. Sahayal, district Auraiya. 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for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with liberty to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Apex Court in the case of Satender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 four weeks from today and in case a regular bail application is filed, the same be decided in view of the law laid by Supreme Court in the case of Satender Kumar Antil (supra). For the period of four 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- Km. Khushboo @ Sushma in the above case. With the above observations and directions, this application is disposed of. Order Date :- 19.11.2022 Shalini RAHAMAN Reason: Location: High Court of Judicature at Allahabad