Allahabad High Court
AJAY YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court refused to quash the FIR and directed that the bail application be decided by the lower court applying the Supreme Court’s law in Satender Kumar Antil.
Summary
Ajay Yadav filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the FIR dated 21‑06‑2025 registered under Sections 123, 303(2) and 351(3) of the Indian Penal Code. During the hearing, the petitioner withdrew the challenge to the FIR and instead sought a direction that any bail application be decided by the lower court in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State’s Additional Government Advocate raised no objection to this request. The Court refused to set aside the FIR and ordered that, should the petitioner apply for bail, the lower court must decide the application applying the law laid down by the Apex Court. The interim order, if any, was discharged and the writ petition was disposed of.
Issues considered
- Whether the FIR can be set aside by a criminal miscellaneous writ petition.
- Whether the High Court can direct the lower court to decide the bail application in light of the Supreme Court’s decision in Satender Kumar Antil.
Legislation cited
- Indian Penal Code — s. 123, 303(2), 351(3) BNS
Subjects
- bail
- FIR
- criminal miscellaneous writ petition
- Supreme Court precedent
- IPC
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5515 of 2026
Ajay Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Prakash Singh, Rahul Singh
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mr. Raj Kiran Chaudhary Advocate holding brief of Mr. Jai
Prakash Singh, the learned counsel for petitioner and the learned A.G.A.
representing State-respondents 1, 2 and 3.
2. Perused the record.
3. Petitioner-Ajay Yadav has approached this Court by means of present
Criminal Misc. Writ Petition challenging the FIR dated 21.06.2025 lodged
by first informant-respondent-4, Smt. Aneeta Singh and registered as Case
Crime No. 241 of 2025, under Sections 123, 303(2), 351(3) BNS, Police
Station-Jhunsi, District-Prayagraj.
4. Learned counsel for petitioner 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
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 and 3 submits
that he has no objection to the aforesaid submission made 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 petitioner, 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, petitioner appears before Court
CRLP No. 5515 of 2026
2
below and applies for bail then in such a circumstance, the bail application
of petitioner 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.
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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