Allahabad High Court
KALEY AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, but the court directs that any bail application be decided by the lower court in accordance with the Supreme Court’s ruling in Satender Kumar Antil.
Summary
Petitioners Kaley and three others filed a criminal miscellaneous writ petition challenging the FIR dated 29.03.2026 registered under several sections of the Indian Penal Code. They later withdrew the challenge to the FIR and instead sought a direction that the lower court consider their bail applications in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State, represented by the Advocate General, did not oppose this equitable request. The High Court refused the primary relief sought but issued an order that any bail application filed by the petitioners be decided by the trial court applying the Supreme Court’s precedent. Consequently, the writ petition was disposed of, and any interim order was discharged.
Issues considered
- Whether a High Court can direct a lower court to decide bail applications based on a Supreme Court precedent in a pending criminal case
Legislation cited
- Indian Penal Code — s. 109(1), 118(1), 125, 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- FIR challenge
- criminal writ petition
- high court direction
- Supreme Court precedent
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10114 of 2026
Kaley And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Haridwar Singh
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Haridwar Singh, the learned counsel for petitioners and the
learned A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioners-Kaley And 3 Others have approached this Court by means
of present Criminal Misc. Writ Petition challenging the FIR dated
29.03.2026 lodged by first informant-respondent-4, Preetam and
registered as Case Crime No. 0098 of 2026, under Sections 191(2),
191(3), 190, 352, 125, 109(1), 118(1), 351(3), BNS, Police Station-
Farah, District-Mathura.
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. 10114 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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