Allahabad High Court
SURENDRA MOHAN AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court refused to quash the FIR but directed that any bail application be decided by the trial court in accordance with the Supreme Court’s ruling in Satender Kumar Antil.
Summary
Petitioners Surendra Mohan and four others filed a criminal miscellaneous writ petition challenging an FIR dated 17‑04‑2026 that alleged offences under several sections of the Indian Penal Code. During the hearing, the petitioners withdrew their challenge to the FIR and instead sought a direction that the lower court consider any bail application in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State, represented by the Additional Advocate General, did not oppose this equitable request. The High Court refused the prayer to quash the FIR but issued a directive that any bail application filed by the petitioners be decided by the trial court following the Supreme Court precedent. Consequently, the writ petition was disposed of, and any interim order was discharged.
Issues considered
- Whether the High Court can entertain a challenge to the FIR through a criminal miscellaneous writ petition
- Whether the High Court can direct the lower court to decide a bail application in light of a Supreme Court judgment
Legislation cited
- Indian Penal Code — s. 115(2), 191(2), 191(3), 333, 351(2), 352
Subjects
- bail
- FIR
- criminal miscellaneous writ
- high court
- Supreme Court precedent
- Section 191 IPC
- Section 352 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10124 of 2026
Surendra Mohan And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dheeraj Kumar Tiwari
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Dheeraj Kumar Tiwari, the learned counsel for petitioner and
the learned A.G.A. for State/respondents- 1,2.
2. Perused the record.
3. Petitioners- Surendra Mohan And 4 Others have approached this Court by
means of present criminal misc. writ petition challenging the FIR dated
17.4.2026 lodged by first informant/respondent-3- Raju and registered as
Case Crime No. 55 of 2026, under Section 191 (2) 191(3), 115(2), 352, 333
and 351(2) BNS, Police Station- Ramghat, District- Bulandshahr.
4. After some arguments, the learned counsel for petitioner 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 petitioner 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 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.
7. However, this writ petition is disposed of finally with a direction that in
case, petitioner appears before Court below and applies for bail then his bail
application shall be decided by Court below in the light of the law laid down
CRLP No. 10124 of 2026
2
by Apex Court in the case of Satender Kumar Antil (Supra).
8. Interim order, if any, stands discharged.
May 5, 2026
Arshad
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad
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