Vijay Ram vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Vijay Ram vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; alternative prayer accepted — directions that if the applicant surrenders within two weeks and applies for regular bail it be decided expeditiously in accordance with Satender Kumar Antil (2021 SCC Online SC 922), with interim protection that no coercive action be taken for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicant should be released on anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 573 of 2023 under Sections 323, 308, 504, 506 IPC, Police Station Bauria, District Ballia. +1 more

Court's answer

Since learned counsel for the applicant did not press the anticipatory bail relief on merits and sought only a direction for expeditious disposal, the relief as sought through the application was refused.

Ratio / Principle

It is directed that if the applicant surrenders before the concerned Court within two weeks and applies for regular bail, the bail application shall be decided expeditiously by the courts concerned in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Key takeaways

For the period of two 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¶¶10

Detailed headnote1 paragraphs

Allahabad High Court (Vipin Chandra Dixit, J.), anticipatory bail application U/S 438 Cr.P.C. No. 11731 of 2024 by Vijay Ram re Case Crime No. 573 of 2023 (Sections 323, 308, 504, 506 I.P.C.), Police Station Bauria, District Ballia — counsel did not press the anticipatory bail prayer on merits and prayed only for a direction for expeditious disposal; the relief sought was refused. Alternative prayer allowed: if the applicant surrenders before the concerned Court 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 and another, 2021 SCC Online SC 922; interim protection — no coercive action for two weeks or till surrender, whichever is earlier. Application stands disposed of. Order date 3.1.2025.

Neutral Citation No. - 2025:AHC:1683

Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11731 of 2024 Applicant :- Vijay Ram Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar 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 on behalf of the applicant with a prayer to release him on bail in Case Crime No.- 573 of 2023 under Sections 323, 308, 504, 506 I.P.C., Police Station- Bauria, District- Ballia.

On the matter being taken up, 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 within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the courts 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 .

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.

With the aforesaid directions, this anticipatory bail application U/s 438 Cr.P.C., stands disposed of.

Order Date :- 3.1.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad