Jay Prakash Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Jay Prakash Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail on merits refused; alternative directions accepted — applicant to surrender within two weeks and apply for regular bail, which the courts below shall decide expeditiously per Satender Kumar Antil v. CBI (2021 SCC Online SC 922); no coercive action for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the applicant, who is an accused in Case Crime No. 20 of 2024 (Section 420 I.P.C.; Section 3/9 Public Examination Act) at Police Station-Chitaipur, District-Varanasi, should be released on anticipatory bail under Section 438 Cr.P.C. +1 more

Court's answer

The relief sought through the anticipatory bail application is refused, as learned counsel for the applicant did not press the relief on merits and sought only an expeditious-decision direction for his regular bail application.

Ratio / Principle

If the applicant surrenders before the concerned Court below within two weeks from the date of the order and applies for regular bail, the courts below shall decide the bail application expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC Online SC 922).

Key takeaways

Interim protection: for a period of three weeks from the date of the order, or until the applicant surrenders before the concerned Court, whichever is earlier, no coercive action shall be taken against him.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70; neutral citation 2025:AHC:1520), order dated 3.1.2025 by Hon'ble Vipin Chandra Dixit, J. — Anticipatory bail application U/S 438 Cr.P.C. No. 11816 of 2024, Jay Prakash Yadav v. State of U.P. The applicant, wanted in Case Crime No. 20 of 2024, P.S.-Chitaipur, District-Varanasi, under Section 420 I.P.C. and Section 3/9 Public Examination Act, sought anticipatory bail. At hearing, counsel did not press the relief on merits and prayed instead for a direction that the concerned Courts decide his regular bail application expeditiously; the learned A.G.A. raised no objection. The Court accordingly refused the relief sought through the application, and adopting the alternative prayer, directed that if the applicant surrendered within two weeks and applied for regular bail, the courts below would decide it expeditiously in accordance with law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC Online SC 922). Further, no coercive action was to be taken against the applicant for three weeks or until surrender, whichever was earlier; with these directions the application stood disposed of.

Neutral Citation No. - 2025:AHC:1520

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11816 of 2024

Applicant :- Jay Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Pratap Singh 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.20 of 2024, under Section 420 I.P.C. and Section 3/9 Public Examination Act, Police Station-Chitaipur, District-Varanasi.

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 below within two weeks from today and applies for regular 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 U/s 438 Cr.P.C., stands disposed of.

Order Date :- 3.1.2025 P.P.

Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad