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

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

What the court decided

AI extract

Outcome

Principal prayer for anticipatory bail refused; alternative prayer allowed — applicant permitted to surrender within two weeks and apply for regular bail, to be decided expeditiously by the courts below in accordance with Satender Kumar Antil v. CBI (2021 SCC Online SC 922); interim protection that no coercive action be taken for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicant Manoj Kesari should be released on anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 220 of 2022, under Sections 420, 406, 506 IPC, Police Station Shahpur, District Gorakhpur.

Court's answer

The principal relief of anticipatory bail was refused, as learned counsel for the applicant did not press the application on merits and instead sought a direction for expeditious disposal of his regular bail application.

Ratio / Principle

If the applicant surrenders before the concerned Court below within two weeks 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. CBI, 2021 SCC Online SC 922.

Key takeaways

For two weeks from the date of the order or until the applicant surrenders before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. (Case Crime No. 220 of 2022, Sections 420, 406, 506 IPC, P.S. Shahpur, District Gorakhpur) — counsel for the applicant did not press the application on merits and sought only a direction for expeditious disposal of the regular bail application — anticipatory bail relief refused; directed that if the applicant surrenders within two weeks and applies for regular bail, the courts below shall decide it expeditiously in accordance with Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC Online SC 922 — no coercive action against the applicant for two weeks or till surrender, whichever is earlier — application disposed of (Deepak Verma, J.; Order Date 17.1.2025).

Neutral Citation No. - 2025:AHC:7827

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 319 of 2025

Applicant :- Manoj Kesari Opposite Party :- State of U.P. Counsel for Applicant :- Ranu Tiwari,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Vishveshwar Mani Tripathi, 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. 220 of 2022, under Section 420, 406, 506 I.P.C., Police Station- Shahpur, District-Gorakhpur.

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 :- 17.1.2025

Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad