Pankaj Mani Tripathi v. State of U.P.

Allahabad HC3 Jan 2025ABAIL/11296/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; relief not pressed on merit; alternative prayer; expeditious disposal of bail application; surrender within two weeks; interim protection from coercive action; Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; Case Crime No. 214 of 2024; Sections 409, 419, 420, 467, 468, 471, 120-B IPC; Police Station Pipiganj; District Gorakhpur; Allahabad High Court; Vipin Chandra Dixit, J.

What did the court decide?

Anticipatory bail relief refused (not pressed on merit); alternative prayer allowed: direction that on surrender within two weeks and application for bail, the court below decide the bail application expeditiously per Satender Kumar Antil v. CBI; interim protection that no coercive action be taken against the applicant for two weeks or till surrender, whichever is earlier.

Pankaj Mani Tripathi vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant deserves anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 214 of 2024, P.S. Pipiganj, District Gorakhpur. +1 more

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Court's answer

The relief of anticipatory bail as sought through the application is refused; counsel for the applicant had not pressed the relief on merit.

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Ratio / Principle

If the applicant surrenders before the court below within two weeks and applies for bail, the bail application shall be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922).

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Key takeaways

No coercive action shall be taken against the applicant for two weeks from the date of the order or till his surrender before the court concerned, whichever is earlier.ratio¶¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. was sought by the applicant in Case Crime No. 214 of 2024, under Sections 409, 419, 420, 467, 468, 471, 120-B IPC, Police Station Pipiganj, District Gorakhpur, during pendency of the trial. After argument, counsel for the applicant did not press the relief on merit and sought only a direction for expeditious disposal of his bail application, to which the learned A.G.A. raised no objection. The Court (Vipin Chandra Dixit, J.) refused the anticipatory bail relief but directed that if the applicant surrendered before the court below within two weeks and applied for bail, the application be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; further, no coercive action was to be taken against him for two weeks or till surrender, whichever was earlier. The anticipatory bail application stood disposed of accordingly.

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Neutral Citation No. - 2025:AHC:1223

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11296 of 2024

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Applicant :- Pankaj Mani Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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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. 214 of 2024, under Sections 409, 419, 420, 467, 468, 471, 120-B IPC, Police Station- Pipiganj, DistrictGorakhpur during pendency of the trial.

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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 court 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 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 concerned, whichever is earlier, no coercive action shall be taken against him.

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

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Order Date :- 3.1.2025

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Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Pankaj Mani Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj Mani Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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