Allahabad High Court
VIKRAM KUSHWAHA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court refused to quash the FIR and directed that the bail applications be decided by the trial court in accordance with the Supreme Court’s decision in Satender Kumar Antil.
Summary
Petitioners Vikram Kushwaha and two others filed a criminal miscellaneous writ petition challenging an FIR dated 04‑03‑2026 registered under Sections 109, 115(2), 352, 351(3) and 3(5) of the Indian Penal Code. During the hearing they withdrew the challenge to the FIR and instead sought a direction that the lower court consider their bail applications in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021). The State, represented by the Advocate General, did not oppose this equitable request. The High Court refused the prayer to quash the FIR but ordered that any bail application filed by the petitioners be decided by the trial court following the law laid down in the Satender Kumar Antil case. The interim order, if any, was discharged and the writ petition was disposed of.
Issues considered
- Whether the FIR dated 04‑03‑2026 can be quashed on the petitioners’ behalf.
- Whether the High Court can direct the lower court to decide the petitioners’ bail applications in light of the Supreme Court’s ruling in Satender Kumar Antil v. CBI.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 3(5), 351(3), 352
Subjects
- FIR
- bail
- criminal writ petition
- quash of FIR
- Supreme Court precedent
- Indian Penal Code
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10112 of 2026
Vikram Kushwaha And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar Kushwaha
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Sunil Kumar Kushwaha, the learned counsel for petitioners
and the learned A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioners-Vikram Kushwaha And 2 Others have approached this
Court by means of present Criminal Misc. Writ Petition challenging the
FIR dated 04.03.2026 lodged by first informant-respondent-4, Smt.
Chandani Pal and registered as Case Crime No. 112 of 2026, under
Sections 109, 115(2), 352, 351(3), 3(5) BNS, Police Station- Orai,
District-Jalaun.
4. After some arguments, the learned counsel for petitioners fairly gave
up the challenge to the impugned FIR. He submits that interest of justice
shall better be served, in case, a direction is issued by this court to Court
below to consider the bail application of petitioners in the light of law laid
down by the Apex Court in Satender Kumar Antil Vs. Central Bureau
of Investigation and another (2021) 10 SCC 773.
5. Per contra, the learned A.G.A. for State-respondents 1, 2 & 3 does not
oppose the equitable submissions urged by the learned counsel for
petitioners.
6. In view of above, the prayer prayed for by means of present writ
petition is refused.
CRLP No. 10112 of 2026
2
7. Having heard, the learned counsel for petitioners, the learned A.G.A. for
State-respondents 1, 2 and 3 upon perusal of record, this writ petition is
disposed of finally with a direction that in case, petitioners appear before
Court below and apply for bail then their bail application shall be decided
by Court below in the light of the law laid down by the Apex Court in the
case of Satender Kumar Antil (Supra).
8. Interim order, if any, stands discharged.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 5, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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