Mohd Hanif vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Mohd Hanif vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused (prayer not pressed on merit); alternative prayer accepted - applicant to surrender within two weeks and apply for regular bail, to be decided expeditiously per Satender Kumar Antil v. CBI, with protection from coercive action for two weeks or until surrender, whichever is earlier.

Issue for consideration

Whether anticipatory bail should be granted to the applicant (Mohd Hanif) in Case Crime No. C-4/2004 under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Sipri Bazar, District Jhansi.

Court's answer

The relief of anticipatory bail sought by the application is refused, as learned counsel for the applicant did not press that relief on merit.

Ratio / Principle

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 v. CBI.

Key takeaways

For 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
With the aforesaid directions, the anticipatory bail application stands disposed of.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; Order dated 19.2.2025) disposed of an anticipatory bail application under Section 482 BNSS (No. 1289 of 2025) by Mohd Hanif concerning Case Crime No. C-4/2004 under Sections 420, 467, 468, 471, 504, 506 IPC, P.S. Sipri Bazar, Jhansi. Counsel for the applicant did not press the anticipatory bail prayer on merits; that relief was refused. On the alternative prayer, the Court directed that if the applicant surrenders within two weeks and applies for regular bail, the courts below shall decide the bail application expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922, and ordered that no coercive action be taken against the applicant for two weeks or until surrender, whichever is earlier.

Neutral Citation No. - 2025:AHC:23794

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1289 of 2025

Applicant :- Mohd Hanif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh 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. C-4/2004, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station- Sipri Bazar, District- Jhansi.

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