Praveen Dubey vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Praveen Dubey vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, the applicant was granted interim protection from coercive action for two weeks or until surrender, whichever is earlier, with a direction that upon surrender within two weeks and application for regular bail, the bail application be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS should be granted to the applicant Praveen Dubey in Case Crime No. 986 of 2024 (Sections 132, 109(1), 324(4), 221, 223 B.N.S., Police Station Robertsganj, District Sonbhadra), given his apprehension of imminent arrest and his reported criminal history of seven other cases.

Court's answer

Anticipatory bail sought by the applicant is refused.

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 Vs. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922.

Key takeaways

For 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¶13

Detailed headnote1 paragraphs

Anticipatory Bail — Section 482 BNSS — Applicant Praveen Dubey sought anticipatory bail in Case Crime No. 986 of 2024 under Sections 132, 109(1), 324(4), 221, 223 B.N.S., Police Station Robertsganj, District Sonbhadra; State opposed citing criminal history of seven other cases and prima facie offence per the FIR. Anticipatory bail refused by the Allahabad High Court (Deepak Verma, J.). Directions issued: applicant to surrender before the Court below within two weeks and apply for regular bail, which shall be decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922; no coercive action against the applicant for two weeks or until surrender, whichever is earlier. Application disposed of. Order dated 21.1.2025.

Neutral Citation No. - 2025:AHC:10061

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 393 of 2025

Applicant :- Praveen Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj 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. 986 of 2024, under Sections 132, 109(1), 324(4), 221, 223 B.N.S., Police Station- Robertsganj, District- Sonbhadra.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Prima facie , no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

Per contra , learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant has criminal history of seven other cases and on perusal of contents of first information report, prima facie , offence is made out against the applicant. Hence, applicant should not be released on anticipatory bail.

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

However, 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 :- 21.1.2025 Aditya

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