Nabi Rasool Alias Monu vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Nabi Rasool Alias Monu vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; on the alternative prayer, the applicant was 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 from coercive action for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicant, Nabi Rasool alias Monu, is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 308 of 2023 under Sections 366 IPC, Police Station Gursahayganj, District Kannauj.

Court's answer

The relief of anticipatory bail sought by the applicant is refused (counsel having not pressed the prayer on merits).

Ratio / Principle

If the applicant surrenders before the concerned 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 by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 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¶7

Detailed headnote1 paragraphs

Anticipatory bail under S.438 Cr.P.C. in Case Crime No.308 of 2023, S.366 IPC, P.S. Gursahayganj, District Kannauj — counsel for the applicant did not press the application on merits and sought only a direction for expeditious disposal of the regular bail application — HELD: the anticipatory bail relief is refused; the applicant is to surrender before the court below within two weeks and apply for regular bail, which shall be decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation, 2021 SCC OnLine SC 922; meanwhile, for two weeks or till surrender, whichever is earlier, no coercive action shall be taken against the applicant — application disposed of (Deepak Verma, J.; order dated 14.2.2025).

Neutral Citation No. - 2025:AHC:21221

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 431 of 2025

Applicant :- Nabi Rasool Alias Monu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Pratap Singh,Deepak Singh Patel Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No.308 of 2023, under Sections 366 IPC, Police Station- Gursahayganj, District- Kannauj.

After arguing the matter at some length, 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 submitted that charge-sheet has been submitted against the applicant. Victim has supported the prosecution story.

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 :- 14.2.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad