Navi Ahamad and 2 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Navi Ahamad and 2 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused (relief as sought not granted). Instead: (i) applicants to surrender before the concerned Court below within two weeks and apply for regular bail; (ii) courts below to decide such bail applications expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another (2021 SCC OnLine SC 922); (iii) no coercive action against applicants for two weeks or until surrender, whichever is earlier.

Issue for consideration

Whether anticipatory bail should be granted to the applicants in respect of Case Crime No.108 of 2022 (Sections 452, 323, 354, 506 IPC, Police Station Milak Khanam, District Rampur). +1 more

Court's answer

Since learned counsel for the applicants did not press the relief sought by means of the application on merits, this Court refused the relief as sought by the applicants through this application (i.e., no anticipatory bail was granted).

Ratio / Principle

It is directed that if the applicants surrender before the concerned Court below within two weeks from the date of this order and apply for regular bail, the courts below will consider their bail applications.

Key takeaways

Upon such surrender and application, 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 and another (2021 SCC OnLine SC 922).ratio¶11
Interim protection: for the period of two weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), order by Hon'ble Deepak Verma, J., dated 7.1.2025: Anticipatory Bail Application U/S 438 Cr.P.C. No. 9725 of 2024 filed by Navi Ahamad and 2 others in respect of Case Crime No.108 of 2022, under Sections 452, 323, 354, 506 IPC, Police Station-Milak Khanam, District Rampur (State of U.P. as opposite party; counsel Rajesh Kumar Mishra for applicants; G.A./A.G.A. for the State). After argument, counsel did not press the anticipatory bail relief on merits and sought a direction for expeditious decision of the applicants' bail applications by the courts below, to which the A.G.A. had no objection. The Court refused the relief as sought (no anticipatory bail), and instead directed: (i) surrender before the concerned Court below within two weeks and apply for regular bail; (ii) the courts below to decide the bail application expeditiously 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; and (iii) no coercive action against the applicants for two weeks or till surrender, whichever is earlier. With these directions the anticipatory bail application stands disposed of.

Neutral Citation No. - 2025:AHC:2725

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9725 of 2024

Applicant :- Navi Ahamad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants 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 applicants in Case Crime No.108 of 2022, under Sections 452, 323, 354, 506 IPC, Police Station-Milak Khanam, District- Rampur.

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 application of the applicants expeditiously.

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

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

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 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

With the aforesaid directions, this anticipatory bail application stands disposed of.

Order Date :- 7.1.2025 SKD

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