Allahabad High Court
JAKIRversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court disposed of the anticipatory bail application, permitting withdrawal and ordering that any regular bail application filed within three weeks be heard expeditiously, with a stay on coercive action.
Summary
The applicant, Jakir, was implicated in a criminal case (Crime No. 400 of 2007) under Section 137 of the Electricity Act and Sections 379 and 411 of the IPC. He filed an anticipatory bail application under Section 482 of the CrPC but later sought to withdraw it and instead file a regular bail application, requesting the court to decide it expeditiously. The State (represented by the A.G.A.) raised no objection to this request. The court directed that if the applicant appears before the concerned court and files a bail application within three weeks, it will be considered and disposed of promptly, following the precedent set in Satender Kumar Antil v. CBI (2022). For the same three‑week period, no coercive action would be taken against the applicant. The anticipatory bail application was therefore disposed of, and no further time was granted for compliance.
Issues considered
- Whether an anticipatory bail application can be withdrawn and replaced by a regular bail application.
- Whether the court can direct an expeditious disposal of a bail application filed within a specified period.
- Whether a stay on coercive action can be ordered pending the filing of a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Electricity Act — s. 137
- Indian Penal Code — s. 379, 411
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- stay of coercive action
- expeditious disposal
- Electricity Act
- IPC sections 379, 411
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 5056 of 2026
Jakir
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. appearing for
the State and perused the record.
2. The present application has been filed on behalf of the applicant in
Case Crime No.400 of 2007, under Section 137 Electricity Act & Section
379, 411 I.P.C., Police Station Shikarpur, District Bulandshahar, with a
prayer to grant him anticipatory bail.
3. After some arguments, learned counsel for the applicant prays that he
may be permitted to withdraw this application and move an appropriate
application seeking regular bail before the concerned Court. He prays that
a direction may be given to the concerned court to decide the bail
application expeditiously.
4. Learned AGA has no objection to the said prayer.
5. On the prayer made, it is provided that in case the applicant appears
before the concerned court and applies for bail within three weeks from
today, his application for bail shall be considered and disposed of
expeditiously in accordance with law laid down in the case of Satender
Kumar Antil Vs. Central Bureau of Investigation and another (2022
SCC OnLine SC 825).
6. However, for a period of three weeks from today, no coercive action
shall be taken against the applicant herein in pursuance of aforesaid case.
NABAIL No. 5056 of 2026
2
7. With these observations, the application is disposed of.
8. It is made clear that no further time shall be granted to comply with this
order.
(Vivek Kumar Singh,J.)
September 28, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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