Allahabad High Court
VIJAY SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court ordered that the applicant may apply for regular bail within four weeks and that no coercive action be taken against him during that period, thereby disposing of the anticipatory bail application.
Summary
The applicant, Vijay Sharma, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. Both parties' counsel agreed to allow the applicant to seek regular bail. The court directed that the applicant must appear before the concerned court within four weeks to apply for bail in the pending criminal case and that his bail application be considered expeditiously, without being influenced by any prior rejection of the anticipatory bail. The court also ordered that no coercive action be taken against the applicant for the four‑week period. Accordingly, the anticipatory bail application was disposed with these directions.
Issues considered
- Whether the applicant can be permitted to apply for regular bail after filing an anticipatory bail application under Section 482 CrPC
- Whether a stay on coercive action can be ordered pending the regular bail application
Legislation cited
- B.N.S. — s. 109(1), 115(2), 191(2), 191(3), 333, 351(3), 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- regular bail
- Section 482
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10293 of 2026
Vijay Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Ramanand Tiwari, Shiv Sharan Tripathi
Counsel for Opposite Party(s) : Abhishek Mishra, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, Learned counsel for the applicant prays that he
may be permitted to approach the concerned Court for seeking regular
bail. He further prays that for a short time, the interest of the applicant
may be protected.
2. The Learned AGA and Shri Abhishek Mishra, Learned counsel for the
informant have no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsel for
the parties, it is directed that in case the applicant appears before the
Court concerned within a period of four weeks from today and applies for
bail in Case Crime No.204 of 2026, under Sections 191(2), 191(3),
115(2), 352, 351(3), 333, 109(1) B.N.S., Police Station Iglas, District
Aligarh, his application for bail shall be considered and disposed of
expeditiously, in accordance with the law, without being influenced by
any observations made by the concerned Court while rejecting the
anticipatory bail application of the applicant.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicant in the aforesaid case.
5. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
October 1, 2026/A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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