Kulwant Singh and 2 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Kulwant Singh and 2 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; alternative relief granted — applicants directed to surrender within two weeks and apply for regular bail, which is to be decided expeditiously per Satender Kumar Antil; interim protection that no coercive action be taken for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicants are entitled to anticipatory bail under Section 482 BNSS in Case Crime No. 217 of 2023 (Sections 308, 323, 504 IPC), Police Station Badhapur, District Bijnor. +1 more

Court's answer

The relief of anticipatory bail sought through the application is refused.

Ratio / Principle

If the applicants surrender before the concerned court below within two weeks and apply for regular bail, the bail application shall be decided expeditiously 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

No coercive action shall be taken against the applicants for two weeks from the date of the order or till they surrender before the court below, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS (Allahabad High Court) arising from Case Crime No. 217 of 2023, Sections 308, 323, 504 IPC, P.S. Badhapur, District Bijnor: counsel for the applicants did not press the application on merits and sought instead a direction for expeditious disposal of their regular bail application, to which the State raised no objection. HELD: the relief of anticipatory bail is refused; the applicants are to surrender before the concerned 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 v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; meanwhile no coercive action is to be taken against them for two weeks or until surrender, whichever is earlier. Application disposed of (Deepak Verma, J.; order dated 4.2.2025).

Neutral Citation No. - 2025:AHC:15105

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 795 of 2025

Applicant :- Kulwant Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemendra Kumar,Rajesh Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants 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 applicants in Case Crime No.217 of 2023, under Sections 308, 323, 504 IPC, Police Station- Badhapur, District- Bijnor.

After arguing the matter at some length, learned counsel for the applicants 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 applicants.

Accordingly the relief as sought by the applicants through this application is refused.

Considering the aforesaid alternative prayer of the applicants, it is directed that if applicant surrenders before the concerned Court below within two weeks from today and apply 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

With the aforesaid directions, this anticipatory bail application stands disposed of.

Order Date :- 4.2.2025 SKD

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