Allahabad High Court
SURESH KUSHWAHAversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The Court dismissed the writ petition, refusing to quash the FIR, but directed that any bail application be decided by the lower court in accordance with the Supreme Court precedent.
Summary
Petitioner Suresh Kushwaha filed a criminal miscellaneous writ petition challenging an FIR dated 24‑11‑2025 registered under several sections of the Indian Penal Code. During the hearing, the petitioner withdrew his challenge to the FIR and instead sought a direction that the lower court decide his bail application in accordance with the Supreme Court judgment in Satender Kumar Antil v. CBI. The State, represented by the Advocate General, raised no objection to this request. The High Court refused the petitioner's primary prayer to quash the FIR and dismissed the writ petition. However, the Court directed that any bail application filed before the trial court must be decided following the legal principles laid down by the Apex Court, and discharged any interim relief that may have been in place.
Issues considered
- Whether the FIR dated 24‑11‑2025 can be quashed under the provisions of the Indian Penal Code.
- Whether the writ petition can direct the lower court to decide the bail application in light of the Supreme Court decision in Satender Kumar Antil v. CBI.
Legislation cited
- Indian Penal Code — s. 229, 233, 237, 246, 318(2), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- FIR
- criminal writ petition
- quash
- Supreme Court precedent
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5533 of 2026
Suresh Kushwaha
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lalji Yadav, Yashpal Yadav
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mr. Pankaj Kumar Advocate holding brief of Mr. Yashpal Yadav,
the learned counsel for petitioner and the learned A.G.A. representing State-
respondents 1 and 2.
2. Perused the record.
3. Petitioner-Suresh Kushwaha has approached this Court by means of
present Criminal Misc. Writ Petition challenging the FIR dated 24.11.2025
lodged by first informant-respondent-3, S.I. Vivek Singh and registered as
Case Crime No. 779 of 2025, under Sections 229, 233, 237, 246, 318(2),
318(4), 338, 336(3), 340(2) BNS, Police Station-Kasia, District-Kushinagar.
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 and 2 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.
CRLP No. 5533 of 2026
2
7. Having heard the learned counsel for petitioner, the learned AG.A.
representing 1 and 2 and upon perusal of record, we dispose of this writ
petition finally with a direction that in case, petitioner appears before Court
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
Checking your session…