Disposed¶12

Ram Byas Singh v. State of U.P. and Another

Allahabad HC14 Jan 2025ABAIL/12430/2024

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 Cr.P.C. withdrawn/disposed of at applicant's request; underlying FIR Case Crime No. 981 of 2016 (Case No. 692 of 2018), Sections 406 & 420 IPC, P.S. Robertsganj, District Sonbhadra; applicant Ram Byas Singh to surrender within four weeks with no coercive interim action; regular bail application to be decided per Satender Kumar Antil v. CBI, (2022) 10 SCC 51 guidelines; Justice Krishan Pahal; Allahabad High Court; order dated 15.1.2025.

What did the court decide?

Anticipatory bail application disposed of as withdrawn at the applicant's request, with liberty to file a regular bail application (to be decided per the Satender Kumar Antil guidelines); applicant to surrender within four weeks; no coercive action during the four-week period or until surrender, whichever is earlier. ¶12

Ram Byas Singh Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant (Ram Byas Singh) is entitled to anticipatory bail under Section 438 Cr.P.C. in regard to Case No. 692 of 2018 arising out of Case Crime No. 981 of 2016, under Sections 406 & 420 of I.P.C., P.S.- Robertsganj, District- Sonbhadra.

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Court's answer

No case was made out for interference under Section 438 Cr.P.C.; anticipatory bail was accordingly not granted.

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Ratio / Principle

The applicant was directed to surrender before the court concerned within four weeks from the date of this order.

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Key takeaways

No coercive action shall be taken against the applicant for four weeks from the date of the order or till his surrender, whichever is earlier.ratio¶12
If a regular bail application is filed, it is to be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil (supra).ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 65), Justice Krishan Pahal - Anticipatory bail application (U/S 438 CR.P.C.) No. 12430 of 2024 by Ram Byas Singh in regard to Case No. 692 of 2018 arising out of Case Crime No. 981 of 2016, under Sections 406 & 420 of I.P.C., P.S.- Robertsganj, District- Sonbhadra, was disposed of on 15.1.2025 after the applicant's counsel sought its dismissal as withdrawn with liberty to file a regular bail application, citing the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51; the learned A.G.A. had no objection. The court found no case made out for interference u/s 438 Cr.P.C., directed the applicant to surrender within four weeks, withheld coercive action for that period or until surrender (whichever earlier), and directed that any regular bail application be decided in view of the said Supreme Court guidelines.

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Neutral Citation No. - 2025:AHC:6588

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12430 of 2024

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Applicant :- Ram Byas Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anzar Haroon,Dharam Veer Singh 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 Dharam Veer Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the record.

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The present application for anticipatory bail has been filed for protection in regard to Case No. 692 of 2018 arising out of Case Crime No. 981 of 2016, under Sections 406 & 420 of I.P.C., P.S.- Robertsganj, District- Sonbhadra.

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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 liberty 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 A.G.A. has no objection to the prayer made by the 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 the direction that the applicant shall surrender before the court concerned within four weeks 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 the case of Satender Kumar Antil (supra) .

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For the period of four 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 the applicant, in the above case.

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Order Date:- 15.1.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Ram Byas Singh v. State of U.P. and Another

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Ram Byas Singh v. State of U.P. and Another

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