Rustam v. State of U.P. and Another

Allahabad HC3 Jan 2025ABAIL/11425/2024

Case brief

AI extract

What is this about?

Allahabad High Court anticipatory bail; Section 438 Cr.P.C.; Section 51 Wild Life (Protection) Act, 1972; Case Crime No. 123 of 2024; P.S. Sarai Khwaja, Jaunpur; prayer not pressed on merits; anticipatory bail relief refused; surrender within two weeks; expeditious disposal of regular bail per Satender Kumar Antil (2021 SCC OnLine SC 922); interim protection from coercive action; Vipin Chandra Dixit, J.; order dated 3.1.2025.

What did the court decide?

Anticipatory bail refused; alternative prayer allowed — on surrender within two weeks and application for regular bail, the court concerned to decide the bail application 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. ¶¶13

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

¶1

Neutral Citation No. - 2025:AHC:1392

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11425 of 2024

¶4

Applicant :- Rustam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Yadav,Daya Shanker Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vipin Chandra Dixit,J.

¶6

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

¶7

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 123 of 2024, under Section 51 of Wild Life (Protection) Act, 1972, Police Station- Sarai Khwaja, District- Jaunpur during pendency of the trial.

¶8

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.

¶9

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

¶10

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

¶11

Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned court within two weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned 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.

¶12

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.

¶13

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

¶14

Order Date :- 3.1.2025

¶15

Kpy

¶16

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

Rustam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rustam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Minakshi vs State of U.P. and Another

Smt. Shivani Kaushik vs State of U.P. and Another

Mohd Kasif vs Khwaza Rizwan Ahmad and 5 Others

Smt Sana and 10 Others vs Noor Singh and 2 Others

Vishnu Avtar Shastri vs State of U.P. and 2 Others

Sunil Sachan vs State of U.P.