Sameer Kumar Pandey Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sameer Kumar Pandey Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Primary relief of anticipatory bail refused. Alternative relief granted: direction that if the applicant surrenders before the concerned court below within three weeks and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down in Satender Kumar Antil (2021 SCC OnLine SC 922); the non-bailable warrant against the applicant kept in abeyance for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether anticipatory bail should be granted to the applicant Sameer Kumar Pandey in Case No.4350 of 2008 arising out of Case Crime No.713 of 2007 (Sections 406, 409, 419, 420, 467, 468 IPC, PS Gopiganj, District Bhadohi) during the pendency of the trial.

Court's answer

After arguing the matter at some length, learned counsel for the applicant did not press the relief sought by means of the application on merit, and instead prayed for issuance of an appropriate direction to the courts below to decide the applicant's bail application expeditiously.

Ratio / Principle

The relief of anticipatory bail sought by the applicant through this application was refused.

Key takeaways

It is directed that if the applicant surrenders before the concerned court below within three weeks from the date of the order and applies for 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.ratio¶11
For the period of three weeks from the date of the order, or until the applicant surrenders before the concerned court below, whichever is earlier, the non-bailable warrant issued against the applicant shall be kept in abeyance.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Order dated 12.3.2025; Neutral Citation No. 2025:AHC:36137). Anticipatory bail application under S. 482 BNSS No. 2027 of 2025 by Sameer Kumar Pandey in Case No.4350 of 2008 arising out of Case Crime No.713 of 2007, under Sections 406, 409, 419, 420, 467, 468 IPC, PS Gopiganj, District Bhadohi, during pendency of trial. Counsel for the applicant did not press the anticipatory bail relief on merits and sought instead a direction for expeditious disposal of his regular bail application; the relief as sought was accordingly refused. The court directed that if the applicant surrenders within three weeks and applies for bail, the courts below shall decide the bail application expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and kept the non-bailable warrant in abeyance for three weeks or till surrender, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:36137

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2027 of 2025

Applicant :- Sameer Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Gopal,Devashish Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This anticipatory bail application has been filed by the applicant to grant anticipatory bail to the applicant in Case No.4350 of 2008 arising out of Case Crime No.713 of 2007, under Sections 406, 409, 419, 420, 467, 468 IPC, registered at Police Station- Gopiganj, District- Bhadohi, during the pendency of the trial.

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 three weeks from today and applies for 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 three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicant, shall be kept in abeyance.

With the above observations and directions, this anticipatory bail application stands disposed of.

Order Date :- 12.3.2025/SKD

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