Umar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Umar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; the applicant is directed to surrender within two weeks and apply for regular bail, which the courts below shall decide expeditiously in accordance with the law laid down in 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 anticipatory bail should be granted to the applicant in Case Crime No. 105 of 2024, Police Station Kairana, District Shamli. +1 more

Court's answer

The relief as sought by the applicant through this application (anticipatory bail) is refused; counsel had not pressed the prayer on merits.

Ratio / Principle

If the 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 the law laid down in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922.

Key takeaways

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.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Deepak Verma, J.), Order dated 19.2.2025 — Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 570 of 2025; applicant Umar; opposite party State of U.P. — concerning Case Crime No. 105 of 2024, Sections 147, 148, 323, 504, 506, 308, 452 IPC, Police Station-Kairana, District-Shamli. Counsel for the applicant, having argued at some length, did not press the anticipatory-bail prayer on merits and sought a direction that the courts below decide his regular bail application expeditiously; the learned A.G.A. had no objection. The Court refused the relief sought and disposed of the application with directions: (i) if the applicant surrenders within two weeks and applies for regular bail, it shall be decided expeditiously 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; and (ii) no coercive action shall be taken against him for two weeks or till surrender, whichever is earlier.

Neutral Citation No. - 2025:AHC:23881

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 570 of 2025

Applicant :- Umar Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- Avinash Pandey,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. 105 of 2024, under Sections 147, 148, 323, 504, 506, 308, 452 IPC, Police Station- Kairana, District- Shamli.

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 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 surrender 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 :- 19.2.2025//Sanjeet

Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad