Allahabad High Court
SANJEEV KUMAR AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court refused to entertain the challenge to the FIR and directed that the bail applications be decided by the lower court in accordance with the Satender Kumar Antil judgment.
Summary
Petitioners Sanjeev Kumar and seven others filed a criminal miscellaneous writ petition challenging an FIR dated 10‑02‑2026 that alleged offences under several IPC sections. During the hearing, the petitioners withdrew their challenge to the FIR and instead sought a direction that any bail application they file be decided by the lower court in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State, represented by the Attorney General, raised no objection to this request. The High Court refused the petitioners’ original relief to quash the FIR but issued a directive that the bail applications, if filed, must be decided by the trial court following the law laid down in the Satender Kumar Antil case. The interim order, if any, was discharged, and the writ petition was disposed of.
Issues considered
- Whether the FIR dated 10‑02‑2026 can be challenged and quashed through a criminal miscellaneous writ petition.
- Whether the High Court can direct the lower court to decide the bail applications of the petitioners in line with the Supreme Court’s ruling in Satender Kumar Antil v. CBI.
Legislation cited
- Indian Penal Code — s. 115(2), 125, 132, 190, 191(2), 195 BNS, 351(3), 352
Subjects
- FIR challenge
- bail application
- criminal miscellaneous writ petition
- Supreme Court precedent
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5510 of 2026
Sanjeev Kumar And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhay Mishra
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mr. Abhay Mishral, the learned counsel for petitioners and the
learned A.G.A. representing State-respondents 1, 2 and 3.
2. Perused the record.
3. Petitioners- Sanjeev Kumar And 7 Others have approached this Court by
means of present Criminal Misc. Writ Petition challenging the FIR dated
10.02.2026 lodged by first informant-respondent-4, S.I. Subhash Chandra
and registered as Case Crime No. 0026 of 2026, under Sections 125, 132,
115(2), 352, 351(3), 191(2), 190 and 195 BNS, Police Station-Hayatnagar,
District-Sambhal.
4. Learned counsel for petitioners after some arguments fairly gave up the
challenge to the impugned FIR. He, however, submits that interest of justice
shall better be served, in case the present writ petition is disposed of finally
with a direction to court below to decided the bail application of the
petitioners 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 and 3 submits
that he has no objection to the aforesaid submission made by the learned
counsel for petitioners.
6. In view of above, the prayer prayed for by means of present writ petition
is refused.
CRLP No. 5510 of 2026
2
7. Having heard the learned counsel for petitioners, the learned AG.A.
representing 1, 2 and 3 and upon perusal of record, we dispose of this writ
petition finally with a direction that in case, petitioners appear before Court
below and apply for bail then in such a circumstance, the bail application of
petitioners shall be decided by Court below in the light of the law laid down
by Apex Court in the case of Satender Kumar Antil (Supra).
8. Interim order, if any, stands discharged.
April 20, 2026
Gaurav
(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)
Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad
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