Brijesh @ Brajpal vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Brijesh @ Brajpal vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail relief refused; applicant may surrender within two weeks and apply for regular bail, which the courts below shall decide expeditiously in accordance with Satender Kumar Antil (2021 SCC OnLine SC 922); no coercive action against the applicant for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicant is entitled to anticipatory bail in Complaint Case No.1729 of 2016 under Sections 364, 323, 506 IPC, Police Station Kotwali Sahar, District Bijnor.

Court's answer

The relief of anticipatory bail sought through the application is refused, the applicant having not pressed the prayer on merits.

Ratio / Principle

If the applicant surrenders before the concerned Court below within two weeks and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC OnLine SC 922).

Key takeaways

For two weeks from the date of the order or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an anticipatory bail application under S.438 Cr.P.C. arising out of Complaint Case No.1729 of 2016 under Sections 364, 323, 506 IPC, P.S. Kotwali Sahar, District Bijnor. Counsel for the applicant did not press the prayer on merits and sought a direction for expeditious disposal of his regular bail application; the learned A.G.A. raised no objection. The Court refused the relief of anticipatory bail, directed that if the applicant surrenders before the Court below within two weeks and applies for regular bail, the bail application shall be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922, and ordered that no coercive action be taken against the applicant for two weeks or till surrender, whichever is earlier. Order dated 7.1.2025.

Neutral Citation No. - 2025:AHC:2766

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10876 of 2024

Applicant :- Brijesh @ Brajpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braham Singh, Sushil Kumar Tewari,Sanjay Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

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

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Complaint Case No.1729 of 2016, under Sections 364, 323, 506 IPC, Police Station- Kotwali Sahar, District- Bijnor.

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.

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

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

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.

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.

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

Order Date :- 7.1.2025

SKD

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