Abhisek Sharma Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Abhisek Sharma Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory-bail prayer refused; interim protection granted in that no coercive action shall be taken against the applicant for two weeks from the order date or until surrender before the court below, whichever is earlier, with a direction that the regular bail application be decided expeditiously by the courts below in accordance with law laid down in Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922).

Issue for consideration

Whether anticipatory bail should be granted to the applicant Abhisek Sharma in Case Crime No. 186 of 2024 (Sections 191(3), 109, 3(5) B.N.S.; Sections 3/25/27 Arms Act), Police Station Nagal, District Saharanpur. +2 more

Court's answer

The relief of anticipatory bail sought through the application is refused, the applicant's counsel having not pressed it on merits and having instead sought directions for expeditious disposal of the regular bail application.

Ratio / Principle

It is directed that if the applicant surrenders before the concerned Court below within two weeks from the date of the order 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 and another (2021 SCC OnLine SC 922).

Key takeaways

For the period of two weeks from the date of the order, or till the applicant surrenders before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail application (CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 12272 of 2024; Neutral Citation 2025:AHC:5456) by Abhisek Sharma against the State of U.P. and Another, High Court of Judicature at Allahabad, Deepak Verma J., order dated 10.1.2025: applicant sought anticipatory bail in Case Crime No. 186 of 2024 (Sections 191(3), 109, 3(5) B.N.S.; Sections 3/25/27 Arms Act), Police Station Nagal, District Saharanpur. Counsel did not press the prayer on merits and sought expedited disposal of the regular bail application; the relief sought was accordingly refused. Directions issued: (i) if the applicant surrenders within two weeks and applies for regular bail, the courts below to decide the bail application expeditiously in accordance with law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922 (relied upon); (ii) no coercive action for two weeks or till surrender, whichever is earlier. Application stands disposed of.

Neutral Citation No. - 2025:AHC:5456

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12272 of 2024

Applicant :- Abhisek Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra,Pradeep Kumar 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.186 of 2024, under Sections 191(3), 109, 3(5) B.N.S. & Section 3/25/27 Arms Act, Police StationNagal, District- Saharanpur.

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 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 :- 10.1.2025 SKD

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