Allahabad High Court
HARISH CHAHARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed and the petition is disposed of with a direction to the lower court to decide any bail application in accordance with Satender Kumar Antil v. CBI.
Summary
Petitioner Harish Chahar filed a criminal miscellaneous writ petition challenging an FIR dated 20‑04‑2026 registered under several sections of the Indian Penal Code. The State argued that the victim’s injuries established a prima facie case, which the petitioner could not rebut. The petitioner eventually withdrew his prayer for relief, but sought a direction that any bail application be decided by the lower court in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State had no objection to this request. The High Court refused the writ petition, disposed of the case, and directed the lower court to consider any bail application according to the Antil precedent. All interim orders were discharged.
Issues considered
- Whether the writ petition challenging the FIR can be entertained and the relief sought granted
- Whether the petitioner is entitled to bail and how the bail application should be decided
Legislation cited
- Indian Penal Code — s. 115(2), 333, 351(2), 352, 74
Subjects
- criminal writ petition
- FIR challenge
- bail
- prima facie case
- Indian Penal Code
- Supreme Court precedent
- High Court disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10180 of 2026
Harish Chahar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand 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. Mithilesh Kumar Gupta, Advocate, holding brief of Mr.
Anand Kumar Tiwari, the learned counsel for petitioner and the learned
A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioner-Harish Chahar 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 Munni Devi and registered as
Case Crime No. 0048 of 2026, under Sections 74, 115(2), 333, 351(2),
352 BNS, Police Station-Kagaraul, District-Agra.
4. On the matter being taken up, the learned A.G.A. for State-respondents
1, 2 & 3 submits that the victim i.e. first informant has sustained injuries
on her person. As such, prima-facie the occurrence is proved.
5. When confronted with above, the learned counsel for petitioner could
not overcome the same. However, after some arguments, the learned
counsel for petitioner fairly gave up the prayer prayed for by means of
present writ petition. It is, however, contended by the learned counsel for
petitioner that in the facts and circumstances of the case, interest of justice
shall better be served, in case, the present writ petition is disposed of
finally with a direction to Court concerned to decide 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)
CRLP No. 10180 of 2026
2
10 SCC 773.
6. Learned A.G.A. for State-respondents 1, 2 & 3 has no objection to the
aforesaid prayer made by the learned counsel for petitioner.
7. In view of above, the prayer prayed for by means of present writ
petition is refused.
8. Having heard the learned counsel for petitioner, the learned A.G.A. for
State-respondents 1, 2 & 3, upon perusal of record and considering the
submissions urged by the learned counsel for petitioner, this writ petition
shall stand disposed of finally with a direction to Court concerned that in
case, petitioner appears before Court below and applies for bail then his
bail application shall be decided by Court concerned in the light of the
law laid down by the Apex Court in the case of Satender Kumar Antil
(Supra).
9. Interim order, if any, stands discharged.
May 5, 2026
Vinay
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
Checking your session…