Allahabad High Court
PRAVEEN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court declined to set aside the FIR but ordered that the bail application, if filed, be decided by the trial court in line with the Supreme Court’s ruling in Satender Kumar Antil.
Summary
Petitioner Praveen Kumar filed a criminal miscellaneous writ petition challenging the FIR dated 20‑04‑2026 registered under Sections 26, 52 of the Indian Forest Act and Sections 109, 132 BNS. During the hearing, the petitioner’s counsel withdrew the challenge to the FIR and instead sought a direction that the lower court consider his bail application in accordance 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 prayer to quash the FIR but disposed of the writ petition by directing that any bail application be decided by the trial court following the Antil precedent. Consequently, the interim order, if any, was discharged.
Issues considered
- The propriety of entertaining a writ petition to challenge the FIR under the Indian Forest Act.
- Whether the High Court can direct the lower court to decide a bail application based on a Supreme Court precedent.
Legislation cited
- Indian Forest Act — s. 109, 132 BNS, 26, 52
Subjects
- FIR challenge
- bail
- Indian Forest Act
- Supreme Court precedent
- criminal writ petition
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10161 of 2026
Praveen Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kuldeep Singh, Rajesh Kumar Pal
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Kuldeep Singh Yadav, the learned counsel for petitioner and
the learned A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioner-Praveen Kumar has approached this Court by means of
present Criminal Misc. Writ Petition challenging the FIR dated
20.04.2026 lodged by first informant-respondent-4, Sachin Kumar and
registered as Case Crime No. 0057 of 2026, under Sections 26, 52 Indian
Forest Act and 109, 132 BNS, Police Station- Chaubiya, District- Etawah.
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 & 3 does not
oppose the equitable submissions urged by the learned counsel for
petitioner.
6. In view of above, the prayer prayed for by means of present writ
petition is refused.
7. Having heard the learned counsel for the petitioner and the learned
CRLP No. 10161 of 2026
2
A.G.A. representing State-respondents 1 to 4 and upon perusal of record,
this writ petition is disposed of finally with a direction that in case,
petitioner appears before Court below and apples for bail then his 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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