Allahabad High Court
RAMAKANT PANDEY AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed, but the High Court directs the lower court to consider any bail or anticipatory bail applications of the petitioners in light of the Supreme Court’s ruling in Satyendra Kumar Antil v. CBI.
Summary
Petitioners Ramakant Pandey and four others filed a criminal miscellaneous writ petition challenging an FIR dated 15-02-2026 registered under Sections 191(2), 191(3), 115(2), 351(2), 352 and 110 of the Indian Penal Code. During the hearing the petitioners withdrew their prayer to quash the FIR and instead sought a direction to the lower court to entertain their bail or anticipatory bail applications in accordance with the Supreme Court’s decision in Satyendra Kumar Antil v. CBI (2022). The State, represented by the Advocate General, did not oppose this request. The High Court refused the writ petition but ordered that any bail applications filed by the petitioners before the trial court be decided applying the law laid down in the Antil case. The interim order was discharged and the petition was disposed of with the said direction.
Issues considered
- Whether the High Court can quash or set aside the FIR registered under the specified IPC sections.
- Whether the High Court may direct the trial court to consider bail or anticipatory bail applications based on the Supreme Court precedent in Satyendra Kumar Antil v. CBI.
- Whether the writ petition should be dismissed after the petitioners withdrew their original relief.
Legislation cited
- Indian Penal Code — s. 110, 115(2), 191(2), 191(3), 351(2), 352
Subjects
- criminal procedure
- FIR
- bail
- anticipatory bail
- writ petition
- high court
- interference with FIR
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5135 of 2026
Ramakant Pandey And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Kumar Singh, Pavan Kishore
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Pawan Kishore, the learned counsel for petitioners and the
learned A.G.A. representing State respondents 1,2 and 3.
2. Perused the record.
3. Petitioner Ramakant Pandey and four others have approached this court
by means of present Criminal Misc. Writ Petition challenging the FIR dated
15.02.2026 lodged by the first informant respondent 4 Sandeep Mishra and
registered as Case Crime No. 49 of 2026, under Sections 191(2), 191(3),
115(2), 351(2), 352, 110 BNS, Police Station Nawabganj, District Prayagraj.
4. Learned counsel for petitioners in challenge to the impugned FIR
commenced his submissions. However after some argument he gave up the
prayer prayed for by means of present writ petition. It is then contended by
the learned counsel for petitioners that interest of justice shall better be
served in case a direction be issued by this court to court below to consider
the bail application of petitioners in the light of law laid down by apex court
in the Case of Satyendra Kumar Antil Vs. Central Bureau of
Investigation and another (2022)10 SCC 51.
5. Learned A.G.A. representing State respondents 1,2 and 3 does not oppose
the aforesaid submission 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. Having heard the learned counsel for petitioners, the learned A.G.A. for
CRLP No. 5135 of 2026
2
State respondents upon perusal of record and considering the submissions
urged by the learned counsel for petitioners as noted herein above, this writ
petition shall disposed of finally with a direction to court below that in case
the petitioners shall appear before the court below and apply for bail/
anticipatory bail, then their bail/anticipatory bail application shall be
considered by the court below in the light of law laid down by apex court in
case of Satyendra Kumar Antil (Supra).
8. Interim order, if any, stands discharged.
March 18, 2026
RPD
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad
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