Harvindar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Harvindar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused. Alternative relief allowed: the applicant is to surrender before the concerned court below within two weeks and apply for regular bail, which shall be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; and no coercive action shall be taken against him for two weeks or until surrender, whichever is earlier.

Issue for consideration

Whether anticipatory bail should be granted to the applicant Harvindar in Case Crime No.65 of 2024 under Sections 323, 324, 308, 504 IPC, Police Station Baheri, District Bareilly.

Court's answer

The relief of anticipatory bail as sought by the applicant is refused, the applicant's counsel having not pressed the prayer on merits and having instead sought a direction for expeditious disposal of his regular bail application.

Ratio / Principle

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, 2021 SCC OnLine SC 922.

Key takeaways

For a period of two weeks from the date of the order, or until 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 under S. 482 BNSS (Case Crime No.65 of 2024, Sections 323, 324, 308, 504 IPC, P.S. Baheri, District Bareilly): counsel for the applicant did not press the anticipatory bail prayer on merits and sought only a direction for expeditious disposal of the regular bail application. The Court refused the anticipatory bail relief, directed that if the applicant surrenders within two weeks and applies for regular bail, the application be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and ordered that no coercive action be taken against the applicant for two weeks or till surrender, whichever is earlier. Application disposed of (Deepak Verma, J.; order dated 24.2.2025).

Neutral Citation No. - 2025:AHC:26396

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1520 of 2025

Applicant :- Harvindar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

Vakalatnama filed today by Sri M.P.Singh 'Gaur' Advocate, on behalf of the informant, is taken on record.

Heard learned counsel for the applicant, Sri M.P.Singh 'Gaur', learned counsel for the informant 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.65 of 2024, under Sections 323, 324, 308, 504 IPC, Police Station- Baheri, District- Bareilly.

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 :- 24.2.2025

SKD

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