Allahabad High Court
VIVEK AND 7 OTHERSversusTHE STATE OF UP AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed, but the High Court directs that the bail application be decided by the lower court in accordance with the Supreme Court’s ruling in Satender Kumar Antil.
Summary
Petitioners Vivek and seven others filed a criminal miscellaneous writ petition challenging an FIR dated 22‑03‑2026 registered under Section 353(3) and 3(5) BNS. During the hearing, the petitioners withdrew their challenge to the FIR and instead sought a direction that the lower court consider their bail application in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI (2021) 10 SCC 773. The State’s Additional Government Advocate did not oppose this request. The High Court refused the prayer for relief but disposed of the petition by directing that any bail application filed by the petitioners be decided by the lower court following the Supreme Court precedent. The interim order, if any, was discharged.
Issues considered
- Whether a criminal miscellaneous writ petition can be used to seek a direction for the lower court to decide a bail application based on Supreme Court law.
- Whether the High Court can intervene in the bail application process after the FIR challenge is withdrawn.
Subjects
- bail
- FIR
- criminal miscellaneous writ petition
- Supreme Court precedent
- High Court direction
- Section 353 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10130 of 2026
Vivek And 7 Others
.....Petitioner(s)
Versus
The State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Kishan, Vipin Kumar
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Vipin KUmar, the learned counsel for petitioners and the
learned A.G.A. for State/respondents- 1,2.
2. Perused the record.
3. Petitioners- Vivek And 7 Others has approached this Court by means of
present criminal misc. writ petition challenging the FIR dated 22.3.2026
lodged by first informant/respondent-3- Sonu and registered as Case Crime
No. 185 of 2026, under Section 353(3) and 3(5) BNS, Police Station-
Kasganj, District- Kasganj
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. 10130 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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