Satyapal Sharma and Another v. State of U.P. and Another

Allahabad HC2 Mar 2025ABAIL/643/2025

Case brief

AI extract

What is this about?

Anticipatory bail Section 438 CrPC Allahabad High Court Deepak Verma Satyapal Sharma Moradabad Manjhola IPC 420 408 506 summoning order 11.3.2022 Criminal Case 5763 of 2023 relief not pressed refused alternative prayer surrender two weeks regular bail decided expeditiously Satender Kumar Antil CBI 2021 SCC OnLine SC 922 non-bailable warrant abeyance disposed 3.3.2025.

What did the court decide?

Anticipatory bail refused; alternative prayer accepted - directions issued to the courts below to expeditiously decide the applicants' regular bail applications if they surrender within two weeks, in accordance with Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), with non-bailable warrants kept in abeyance in the interim. ¶¶14

Satyapal Sharma and Another Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the applicants facing arrest pursuant to the cognizance/summoning order dated 11.3.2022 in Criminal Case No. 5763 of 2023 (sections 420, 408 and 506 I.P.C.), P.S. Manjhola, District-Moradabad. +1 more

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Court's answer

Since learned counsel for the applicants did not press the anticipatory bail relief on merits, the relief sought through the application was refused.

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Ratio / Principle

If the applicants surrender before the concerned court below within two weeks and apply for regular bail, their bail applications 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); the learned A.G.A. had no objection to this alternative prayer.

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Key takeaways

For the period of two weeks, or until the applicants surrender before the concerned court below, whichever is earlier, the non-bailable warrant issued against the applicants shall be kept in abeyance.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; order dated 3.3.2025) disposed of Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 643 of 2025 by Satyapal Sharma and another, who apprehended arrest in pursuance of the cognizance/summoning order dated 11.3.2022 passed by the Additional Sessions Judge, court no. 5, Moradabad in Criminal Case No. 5763 of 2023 under sections 420, 408 and 506 I.P.C., P.S. Manjhola, District-Moradabad, during the pendency of trial. Counsel did not press anticipatory bail on merits; the relief was refused. Accepting the alternative prayer (to which the A.G.A. had no objection), the Court directed that if the applicants surrender within two weeks and apply for regular bail, their applications 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 that the non-bailable warrants against them be kept in abeyance for those two weeks or until surrender, whichever is earlier.

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Neutral Citation No. - 2025:AHC:30617

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 643 of 2025

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Applicant :- Satyapal Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Sakir,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This anticipatory bail application has been filed by the applicants to grant anticipatory bail to the applicants in the event of apprehension of their arrest by the police of Police StationManjhola, District- Moradabad in pursuance of the cognizance/summoning order dated 11.3.2022 passed by learned Additional Sessions Judge, court no. 5, Moradabad in Criminal Case No. 5763 of 2023, under sections 420, 408 and 506 I.P.C., P.S. Manjhola, District-Moradabad, during the pendency of trial.

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After arguing the matter at some length, learned counsel for the applicants 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 applications of the applicants expeditiously..

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly, the relief as sought by the applicants through this application is refused.

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Considering the aforesaid alternative prayer of the applicants, it is directed that if applicants surrender before the concerned Court below within two weeks from today and apply for regular bail, their bail applications 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

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Investigation and Another , reported in 2021 SCC OnLine SC 922.

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For the period of two weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicants, shall be kept in abeyance.

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With the above observations and directions, this anticipatory bail application stands disposed of.

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Order Date :- 3.3.2025 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Satyapal Sharma and Another v. State of U.P. and Another

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Satyapal Sharma and Another v. State of U.P. and Another

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