Disposed

Mohammad Mobin v. State of U.P.

Allahabad HC6 Nov 2024ABAIL/10784/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a BNS assault case was not pressed on merits. The court refused the relief sought but directed that if the applicant surrenders within two weeks and applies for regular bail, it be decided expeditiously per Satender Kumar Antil guidelines, with no coercive action meanwhile.

What did the court decide?

Two weeks' protection from coercive action until surrender; direction to courts below to decide regular bail application expeditiously.

Mohammad Mobin vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:180158

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10784 of 2024 Applicant :- Mohammad Mobin Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today on behalf of the applicant, is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No.191 of 2024, under Sections 115(2), 352, 351(2), 109 B.N.S., Police Station- Lohta, District- Varanasi.

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After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned Court below within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this anticipatory bail application stands disposed of.

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Order Date :- 18.11.2024 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Mohammad Mobin v. State of U.P.

Case brief

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Mohammad Mobin v. State of U.P.

Case brief

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