Disposed¶10

Prashant Rawat v. State of U.P. and Another

Allahabad HC14 Jan 2025ABAIL/12432/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Case Crime No. 218 of 2022; Sections 323, 342, 364, 392 IPC; P.S. Civil Lines, Meerut; withdrawal of application; surrender within one month; no coercive action; regular bail per Satender Kumar Antil v. CBI (2022) 10 SCC 51; Justice Krishan Pahal; Allahabad High Court; Neutral Citation 2025:AHC:6120; Order dated 15.1.2025.

What did the court decide?

Application disposed of on the prayer of applicant's counsel; applicant directed to surrender before the concerned court within one month, with interim protection that no coercive action be taken for one month or till surrender, whichever is earlier; regular bail application, if filed, to be decided per the guidelines in Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. ¶10

Prashant Rawat Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 218 of 2022 (Sections 323, 342, 364, 392 I.P.C., P.S. Civil Lines, District Meerut).

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Court's answer

No case is made out for interference under Section 438 Cr.P.C.; the anticipatory bail application is disposed of with a direction that the applicant surrender before the concerned court within one month, and any regular bail application filed shall be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil (supra).

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Ratio / Principle

For one month 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 the applicant in the above case.

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Detailed headnote1 paragraphs

Anticipatory bail application under S. 438 Cr.P.C. (Allahabad High Court, Krishan Pahal, J.) in Case Crime No. 218 of 2022, Sections 323, 342, 364, 392 I.P.C., P.S. Civil Lines, District Meerut. Applicant's counsel sought permission to withdraw the application with liberty to move a regular bail application to be considered per the guidelines in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51; learned A.G.A. raised no objection. The Court found no case for interference under S. 438 Cr.P.C., disposed of the application with a direction to surrender within one month, ordered that any regular bail application be decided in view of the law laid down in Satender Kumar Antil (supra), and directed that no coercive action be taken against the applicant for one month or until surrender, whichever is earlier.

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Neutral Citation No. - 2025:AHC:6120

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Court No. - 65 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12432 of 2024 Applicant :- Prashant Rawat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah 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 Syed Shahnawaz Shah, learned counsel for applicant as well as Sri Sunil Kumar, learned A.G.A. for the State 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.218 of 2022, under Sections 323, 342, 364, 392 I.P.C., P.S. Civil Lines, District Meerut.

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

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Order Date :- 15.1.2025/Sumit S

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(Justice Krishan Pahal)

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

Prashant Rawat v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prashant Rawat v. State of U.P. and Another

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