Anand Kumar Pathak vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anand Kumar Pathak vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application finally disposed of with direction to the court concerned: if the applicant surrenders within one month and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law; further, no coercive action shall be taken against the applicant till one month from the order date.

Issue for consideration

Whether, upon the applicant surrendering and applying for bail, the court concerned should consider and decide his pending bail application expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another. +1 more

Court's answer

The instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case the applicant surrenders before the court concerned within a period of one month and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law (counsel having proposed decision per the law laid down in Satender Kumar Antil v. CBI, to which respondents' counsel had no objection).

Ratio / Principle

It is made clear that till one month from the date of the order, no coercive action shall be taken against the applicant.

Detailed headnote1 paragraphs

Neutral Citation 2025:AHC:48753 — High Court of Judicature at Allahabad, Court No. 74 (Saurabh Srivastava, J.); Application U/S 482 No. 24781 of 2024, Anand Kumar Pathak v. State of U.P. and Another; Order dated 5.4.2025. Application under section 482 Cr.P.C. sought a direction to the trial court to decide the applicant's pending bail application in the light of the Supreme Court judgment in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). Counsel proposed final disposal with direction that on surrender and application for bail, the bail plea be decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil, to which counsel for the respondents had no objection. Court finally disposed of the application with a direction that if the applicant surrenders within one month and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law; and made clear that till one month from the order date no coercive action shall be taken against the applicant. Underlying pending bail case: Case No. 7173 of 2020 (State vs. Sandeep Dubey and others), arising out of Case Crime No. 34 of 2020, under sections 379, 504, 506 I.P.C., Section 3, 57, 70 of U.P. Sub Mining Rules, Section 4, 21 of Minerals and Mining Act and Section 5, 26 of Indian Forest Act, P.S. Chopan, District-Sonbhadra, pending before Chief Judicial Magistrate, Sonbhadra.

Neutral Citation No. - 2025:AHC:48753

Court No. - 74

Case :- APPLICATION U/S 482 No. - 24781 of 2024 Applicant :- Anand Kumar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application under section 482 Cr.P.C. has been preferred to direct the trial court to decide the bail application of the applicant in the light of judgment of Hon'ble Supreme Court passed in Satender Kumar Antil Vs. Central Bureau of Investigation and another in Case No. 7173 of 2020 (State vs. Sandeep Dubey and others), arising out of Case Crime No. 34 of 2020, under sections 379, 504, 506 I.P.C., Section 3, 57, 70 of U.P. Sub Mining Rules, Section 4, 21 of Minerals and Mining Act and Section 5, 26 of Indian Forest Act, P.S. Chopan, District-Sonbhadra, pending in the Court of learned Court of Chief Judicial Magistrate, Sonbhadra.

At the very outset, learned counsel for the applicant submitted that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection.

In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of one month from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein.

Order Date :- 5.4.2025/#Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad