Sumit Mishra and Another v. State of U.P. and Another

Allahabad HC6 Feb 2025ABAIL/387/2025

Case brief

AI extract

What is this about?

anticipatory bail; Section 438 Cr.P.C.; application not pressed; withdrawal with liberty; regular bail; expeditious disposal; Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; no coercive action; interim protection; two weeks; surrender; Sumit Mishra; Ravi Mishra @ Rajnish Kumar; State of U.P.; District Bareilly; P.S. C.B. Ganj; Case Crime No. 213 of 2021; Sections 308, 323, 504, 506 IPC; High Court of Judicature at Allahabad; Deepak Verma, J.; 2025:AHC:16929; disposed.

What did the court decide?

Anticipatory bail application disposed of as not pressed; liberty granted to file a regular bail application to be decided expeditiously in view of Satender Kumar Antil (supra); no coercive action against the applicants for two weeks or till surrender before the court below, whichever is earlier. ¶¶11

Sumit Mishra and Another vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶11

Issue for consideration

Whether the applicants (Sumit Mishra and Ravi Mishra @ Rajnish Kumar) are entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 213 of 2021 under Sections 308, 323, 504, 506 I.P.C., P.S. C.B. Ganj, District Bareilly, during pendency of trial.

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Court's answer

On the application being not pressed, the applicants were given liberty to file a regular bail application; if they appear before the trial court within two weeks and apply for regular bail, it shall be decided expeditiously in view of the law laid down by the Apex Court in Satender Kumar Antil (supra).

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Ratio / Principle

As interim protection, no coercive action shall be taken against the applicants for the period of two weeks from the date of the order or till the time of their surrender before the court below, whichever is earlier.

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Detailed headnote1 paragraphs

Anticipatory bail application under Section 438 Cr.P.C. (Allahabad High Court, Order Date 6.2.2025, Deepak Verma, J.; Neutral Citation 2025:AHC:16929) concerning Case Crime No. 213 of 2021 under Sections 308, 323, 504, 506 I.P.C., P.S. C.B. Ganj, District Bareilly. Learned counsel for the applicants sought dismissal of the application as not pressed with liberty to file a regular bail application to be decided in view of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922, to which the learned A.G.A. had no objection. The court directed that if the applicants (Sumit Mishra and Ravi Mishra @ Rajnish Kumar) appear before the trial court within two weeks and apply for regular bail, it shall be decided expeditiously in view of the said law; further, no coercive action shall be taken against them for two weeks or till surrender before the court below, whichever is earlier. Petition disposed of accordingly.

Sumit Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sumit Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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