Disposed

Ranjeet Yadav v. State of U.P.

Allahabad HC26 Sept 2024ABAIL/9541/2024

Case brief

AI extract

What is this about?

This Single Judge Bench heard an anticipatory bail application under S. 438 Cr.P.C. The court observed that the trial court issued a non-bailable warrant without issuing a bailable warrant first. The Bench directed the applicant to appear for regular bail within three weeks, stayed coercive action for that period, and relied on Satender Kumar Antil.

What did the court decide?

Anticipatory bail granted subject to appearance for regular bail within three weeks; coercive action stayed for this period.

Ranjeet Yadav vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:190874

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9541 of 2024

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Applicant : - Ranjeet Yadav Opposite Party :- State of U.P. Counsel for Applicant : - Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for applicant, learned A.G.A. for State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.05 of 2022, under Sections 307, 323, 504, 506 I.P.C., P.S. South, District Firozabad.

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Allegation in the FIR is that four named accused persons assaulted the applicant. Two persons received injuries. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that he moved anticipatory bail application before District & Session Judge, Firozabad and District & Session Judge, Firozabad by order dated 16.02.2022 granted anticipatory bail to the applicant till submission of police report. Learned counsel for the applicant submits that Investigating Officer submitted charge-sheet. Learned counsel for the applicant has filed supplementary affidavit by which applicant has filed order-sheet of the case. From order-sheet, it is apparent that learned trial court after receiving summons, directly issued nonbailable warrant against the applicant and summons issued by concerned court was not served upon the applicant, hence, he could not appear before the trial court.

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Per contra, learned AGA opposed the prayer for anticipatory bail application and submitted that the applicant is named in the FIR and by order dated 24.05.2022 learned Chief Judicial Magistrate took cognizance on charge-sheet and issued summon to the applicant and thereafter Chief Judicial Magistrate, Firozabad issued summon to the applicant and the applicant did not appear before the Court. Summon is properly served upon the applicant but applicant has deliberately avoided to receive summon.

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Thereafter, learned Chief Judicial Magistrate has issued nonbailable warrant.

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Considered the argument raised by learned counsel for the applicant and learned AGA.

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From the record, it is apparent that learned Chief Judicial Magistrate, Firozabad, without issuing bailable warrant, directly issued non-bailable warrant against the applicant. Issuance of nonbailable warrant is without application of judicial mind and nonbailable warrant issued against the applicant was kept in abeyance.

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It is provided that, in case, the applicant, namely, Ranjeet Yadav appears before the trial court within three weeks from today and applies for regular bail, the same shall be decided expeditiously, in view of the law laid down by the Apex Court in 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 three 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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The anticipatory bail application is disposed of accordingly.

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Order Date :- 5.12.2024 SKD

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

Ranjeet Yadav v. State of U.P.

Case brief

What is this about?

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Ranjeet Yadav v. State of U.P.

Case brief

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