Disposed¶11

Shahid Ali Alias Cheddu v. State of U.P.

Allahabad HC23 Jan 2025ABAIL/11735/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; withdrawal of anticipatory bail application; surrender within one month; no coercive action interim protection; regular bail per Satender Kumar Antil (2022) 10 SCC 51 guidelines; Case Crime No. 625/2022; Sections 384/376/328/120B IPC; Section 67 IT Act; PS Kokhraj; District Kaushambi; Justice Krishan Pahal; Allahabad High Court; Neutral Citation 2025:AHC:12981; Order Date 24.1.2025.

What did the court decide?

Application disposed of as withdrawn; interim protection from coercive action for one month or until surrender, whichever is earlier; applicant to surrender within one month and any regular bail application to be decided per Satender Kumar Antil, (2022) 10 SCC 51. ¶11

Shahid Ali Alias Cheddu 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 anticipatory bail protection under Section 438 Cr.P.C. should be granted to the applicant in Case Crime No. 625 of 2022 (Sections 384, 376, 328, 120B I.P.C. and Section 67 I.T. Act), P.S. Kokhraj, District Kaushambi.

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Court's answer

No case was made out for interference under Section 438 Cr.P.C.; on the applicant's own prayer, the anticipatory bail application was disposed of (permitted to be withdrawn) rather than granted or rejected on merits.

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Ratio / Principle

The applicant was directed to surrender before the concerned court within one month, and any regular bail application thereafter filed is to be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, (2022) 10 SCC 51.

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Key takeaways

For one month from the date of order, or until surrender of the applicant before the concerned court, whichever is earlier, no coercive action shall be taken against the applicant in the above case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.; Neutral Citation 2025:AHC:12981; Order dated 24.1.2025) disposed of the anticipatory bail application (u/s 438 Cr.P.C., No. 11735 of 2024) of Shahid Ali @ Cheddu sought in Case Crime No. 625 of 2022 (Sections 384, 376, 328, 120B I.P.C. and Section 67 I.T. Act), P.S. Kokhraj, District Kaushambi. On counsel's request, the Court found no case for interference under Section 438 Cr.P.C. and disposed of the application, directing surrender within one month; any regular bail application is to be decided in view of the guidelines laid down by the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51. Until surrender or expiry of one month, whichever is earlier, no coercive action shall be taken against the applicant.

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Neutral Citation No. - 2025:AHC:12981

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11735 of 2024

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Applicant :- Shahid Ali Alias Cheddu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ajay Kumar Mishra, learned counsel for applicant as well as Sri Jai Kishan Chaurasiya, learned State Law Officer and perused the records.

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The present application for anticipatory bail has been filed for protection in regard to Case Crime No.625 of 2022, under Sections 384, 376, 328, 120B I.P.C. and section 67 of the I.T. Act, P.S. Kokhraj, District Kaushambi.

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After arguing for some time, applicant's counsel submits that the present application for anticipatory bail may be dismissed as withdrawn with a direction to file a regular bail application which may be decided keeping in view the guidelines as laid down by the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 .

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Learned State Law Officer has no objection to the prayer of learned counsel for the applicant.

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After hearing learned counsel for the parties, no case is made out for interference U/s 438 Cr.P.C. The present anticipatory bail application is disposed of with a direction that the applicant shall surrender before the concerned court within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid down by the Supreme Court in case of Satender Kumar Antil (supra) .

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For the period of one month from today or till the time of surrender of the applicant before the concerned court, whichever is

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earlier, no coercive action shall be taken against the applicant, in the above case.

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Order Date :- 24.1.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Shahid Ali Alias Cheddu v. State of U.P.

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Shahid Ali Alias Cheddu v. State of U.P.

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