Jang Bahadur Singh Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

Jang Bahadur Singh Vs State of U.P. Thru. Prin. Secy… — Anticipatory Bail | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of finally with a direction that if the applicant appears/surrenders before the trial Court within 20 days i.e. till 12.02.2024, whichever is earlier, and moves a bail application under Section 437/439 CrPC, the trial Court shall dispose of it after hearing the parties, strictly in accordance with the law laid down in Satender Kumar Antil and Siddharth.

Issue for consideration

Whether the anticipatory bail application should be disposed of with a direction to the trial Court to decide the applicant's regular bail application in view of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil and Siddharth, rather than being decided on merits.

Court's answer

The anticipatory bail application is disposed of finally with a direction that if the applicant appears/surrenders before the trial Court within 20 days (i.e., till 12.02.2024), whichever is earlier, and moves a bail application under Section 437/439 CrPC, the trial Court shall dispose of the same after providing an opportunity of being heard to the parties, strictly in accordance with the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil and Siddharth.

Ratio / Principle

The direction (in lieu of adjudication on merits) was founded on the fact that the charge-sheet was filed under penal sections punishable with upto 7 years of imprisonment and the applicant's prayer was confined only to issuance of a direction for disposal of his bail application.

Detailed headnote1 paragraphs

Anticipatory bail - S.438 CrPC - application disposed of with direction, not decided on merits - charge-sheet filed under Sections 323, 325, 427, 452, 504 and 506 IPC (punishable upto 7 years) arising out of FIR/Case Crime No.054 of 2022, P.S. Mahurwa, District Ambedkar Nagar - applicant intended to surrender and seek regular bail but apprehended delay causing incarceration - relying on Satender Kumar Antil v. CBI, (2021) 10 SCC 773 and Siddharth v. State of UP, 2021 SCC OnLine SC 615, and noting the A.G.A.'s no-objection in view of Article 141 of the Constitution, the Allahabad High Court (Lucknow Bench, Mohd. Faiz Alam Khan, J.) directed that if the applicant appears/surrenders before the trial Court within 20 days i.e. till 12.02.2024, whichever is earlier, and moves bail under S.437/439 CrPC, the trial Court shall dispose of the same after hearing the parties, strictly in accordance with the said Supreme Court rulings.

Neutral Citation No. - 2024:AHC-LKO:6128

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 106 of 2024

Applicant :- Jang Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mayank Pandey Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Faiz Alam Khan,J.

Learned A.G.A. informs that he has procured complete instructions in the matter, including up-to date case diary, charge-sheet in this case has been filed and, the applicant is having criminal history of three cases.

Heard learned counsel for the applicant as well as learned A.G.A. for the opposite party-State and perused the record.

This application has been moved by the applicant- Jang Bahadur Singh for grant of anticipatory bail in FIR/Case Crime No.054 of 2022, under Sections 323, 325, 427, 452, 504 and 506 IPC lodged at Police Station Mahurwa, District Ambedkar Nagar.

Learned counsel for the applicant submits that it is a case of false implication. It is further submitted that the charge-sheet has been filed under the penal sections which are punishable with upto 7 years imprisonment. The applicant is intending to surrender/appear before the trial Court for the purpose of obtaining regular bail, however, he is having an apprehension that when he will appear before the trial Court for the purpose of obtaining regular bail, the disposal of his bail application may take sometime and, in the meantime, he may be confined in prison. Reliance has been placed on the law laid down by the Hon'ble Supreme Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Siddharth v. State of UP : 2021 SCC OnLine SC 615. It is, thus, requested that appropriate direction be issued to the trial Court for the purpose of disposal of bail application of the applicant in view of the law laid down by the Hon'ble Supreme Court in the above mentioned cases.

Learned A.G.A. would have no objection to the request made on behalf of the applicant as it is otherwise the duty of the trial

Court to follow the law laid down by the Hon'ble Supreme Court having regard to Article 141 of the Constitution of India.

Having regard to the fact that the charge-sheet against the applicant is shown to have been filed in those penal sections which are punishable with upto 7 years of imprisonment and the prayer of the applicant has been confined only for issuance of a direction to the trial Court for disposal of his bail application in view of the law laid down by the Hon'ble Supreme Court, the instant anticipatory bail application moved by the applicant- Jang Bahadur Singh is hereby disposed of finally with a direction that if within 20 days from today i.e. till 12.02.2024, whichever is earlier, the applicant appears/surrenders before the trial Court and moves bail application under Section 437/439 CrPC, as the case may be, the trial Court would be under an obligation to dispose of the same, after providing an opportunity of being heard to the parties, strictly in accordance with the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others and Siddharth v. State of UP : 2021 (supra).

Order Date :- 22.1.2024 Muk

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench