Disposed¶13

Jai Narayan Mishra Alias Pappu Mishra v. State of U.P.

Allahabad HC7 Feb 2025ABAIL/979/2025

Case brief

AI extract

What is this about?

Allahabad HC anticipatory bail (S.438 CrPC) application No. 979 of 2025 by Jai Narayan Mishra @ Pappu Mishra in Case Crime 304A/2004 (Ss. 323/324/504/326 IPC, P.S. Akbarpur, Kanpur Dehat); AB relief not pressed and refused; directions to surrender within two weeks and seek regular bail to be decided expeditiously per Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; interim protection from coercive action for two weeks or till surrender; disposed of on 4.3.2025 by Deepak Verma, J.

What did the court decide?

Anticipatory bail refused; alternative prayer allowed by directing that if the applicant surrenders within two weeks and applies for regular bail, it be decided expeditiously in terms of Satender Kumar Antil v. CBI, with no coercive action for two weeks or until surrender, whichever is earlier; application stands disposed of.

Jai Narayan Mishra Alias Pappu Mishra vs State of U.P. — Anticipatory Bail | 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 applicant in Case Crime No. 304A of 2004 under Sections 323, 324, 504, 326 IPC, Police Station Akbarpur, District Kanpur Dehat. +1 more

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Court's answer

The relief of anticipatory bail as sought by the applicant is refused, learned counsel for the applicant having not pressed the application on merits after arguing the matter at some length.

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Ratio / Principle

It is directed that 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 Vs. Central Bureau of Investigation and Another (2021 SCC OnLine SC 922).

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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

Anticipatory Bail Application u/s 438 CrPC (No. 979 of 2025) by Jai Narayan Mishra alias Pappu Mishra in Case Crime No. 304A of 2004 under Sections 323, 324, 504, 326 IPC, P.S. Akbarpur, District Kanpur Dehat - counsel did not press the relief on merits; anticipatory bail refused; applicant permitted to surrender within two weeks and apply for regular bail, to be decided expeditiously in accordance with the law in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; no coercive action against applicant for two weeks or till surrender, whichever earlier; application disposed of (Deepak Verma, J., Allahabad High Court, Order dated 4.3.2025).

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Neutral Citation No. - 2025:AHC:30240

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 979 of 2025

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Applicant :- Jai Narayan Mishra Alias Pappu Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra,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 applicant and learned A.G.A. for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 304A of 2004, under Sections 323, 324, 504, 326 IPC, Police Station- Akbarpur, District- Kanpur Dehat.

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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.

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

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

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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.

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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.

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

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Order Date :- 4.3.2025/Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Jai Narayan Mishra Alias Pappu Mishra v. State of U.P.

Case brief

What is this about?

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Jai Narayan Mishra Alias Pappu Mishra v. State of U.P.

Case brief

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What the court decided

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