Shyama vs State of U.P and Another — Cheating and Forgery | Allahabad HC (2025)

Shyama vs State of U.P and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail relief refused; with the directions that (i) if the applicant surrenders within two weeks and applies for regular bail, the courts below decide it expeditiously per Satender Kumar Antil (2021 SCC Online SC 922), and (ii) no coercive action for two weeks or till surrender, whichever is earlier, the application stands disposed of.

Issue for consideration

Whether the applicant should be released on anticipatory bail under S.438 Cr.P.C. in Case Crime No. 108 of 2023 (Sections 3/5/8 Cow Slaughter Act, section 11 Prevention of Cruelty to Animals Act and section 420 IPC, P.S. Araon, District Firozabad). +1 more

Court's answer

The relief sought through the anticipatory bail application is refused, counsel for the applicant having not pressed the prayer on merits.

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 bail application shall be decided expeditiously by the courts below 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 below, whichever is earlier, no coercive action shall be taken against him.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), Hon'ble Deepak Verma, J. — Anticipatory bail application under S.438 Cr.P.C. (No. 1317 of 2025) by applicant Shyama in Case Crime No. 108 of 2023 under Sections 3/5/8 Cow Slaughter Act, section 11 Prevention of Cruelty to Animals Act and section 420 IPC, Police Station Araon, District Firozabad. Counsel for the applicant did not press the relief on merits and sought a direction for expeditious decision of the regular bail application; learned A.G.A. raised no objection. The relief sought was refused. The court directed that if the applicant surrenders before the court below within two weeks and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC Online SC 922; and for two weeks or till surrender, whichever is earlier, no coercive action shall be taken against the applicant. Application disposed of. Order dated 27.2.2025.

Neutral Citation No. - 2025:AHC:27428

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1317 of 2025

Applicant :- Shyama Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Dhirendra Singh Rajpur, 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. 108 of 2023, under Sections 3/5/8 Cow Slaughter Act, section 11 Prevention of Cruelty to Animals Act and section 420 IPC, Police Station- Araon, District- Firozabad.

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 below 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 two weeks from today or till the time of surrender of the applicant before the Court below, whichever is

earlier, no coercive action shall be taken against him.

With the aforesaid directions, this anticipatory bail application stands disposed of.

Order Date :- 27.2.2025 RPD

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad