Vishnu Avtar Shastri vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

Vishnu Avtar Shastri vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail relief refused as not pressed; interim protection from coercive action for three weeks or until surrender (whichever earlier); direction that upon surrender within three weeks and filing of a bail application, the courts below decide it expeditiously in accordance with Satender Kumar Antil.

Issue for consideration

Whether the applicant Vishnu Avtar Shastri is entitled to anticipatory bail in F.I.R. dated 14.08.2014, Case Crime No. 374 of 2014, under Sections 147, 148, 323, 332, 336, 427, 504 IPC, Police Station Bramhapuri, District Meerut. +1 more

Court's answer

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

Ratio / Principle

If the applicant surrenders before the concerned Court below within three weeks and applies for 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 (2021 SCC OnLine SC 922).

Key takeaways

For the period of three weeks from the date of the order or till the time of surrender of the applicant before the Court concerned, whichever is earlier, no coercive action shall be taken against him.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.), High Court of Judicature at Allahabad (Vipin Chandra Dixit, J.; order dated 3.1.2025): application concerning F.I.R. dated 14.08.2014, Case Crime No. 374 of 2014, under Sections 147, 148, 323, 332, 336, 427, 504 I.P.C., Police Station Bramhapuri, District Meerut. After arguing at some length, counsel for the applicant did not press the anticipatory bail prayer on merits and sought only a direction for expeditious disposal of the regular bail application; the A.G.A. had no objection. The relief of anticipatory bail was refused. The Court directed that if the applicant surrenders before the court below within three weeks and applies for bail, the bail application be decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922, and that for three weeks or until surrender, whichever is earlier, no coercive action be taken against him. With these directions the anticipatory bail application stood disposed of.

Neutral Citation No. - 2025:AHC:983

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11208 of 2024 Applicant :- Vishnu Avtar Shastri Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Saumya Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

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 F.I.R. dated 14.08.2014, arising out of Case Crime No. 374 of 2014, under Sections 147, 148, 323, 332, 336, 427, 504 I.P.C., Police Station- Bramhapuri, District- Meerut.

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 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 three weeks from today and apply for 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 three weeks from today or till the time of surrender of the applicant before the Court concerned, whichever is earlier, no coercive action shall be taken against him.

With the aforesaid directions, this anticipatory bail application under Section 438 Cr.P.C. stands disposed of.

Order Date :- 3.1.2025/sailesh

Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad