Allahabad High Court
FOOLA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that the anticipatory bail application could not be entertained and the applicant must seek regular bail, with a temporary restrain on any coercive action.
Summary
Foola Yadav filed an anticipatory bail application under CrPC s.482, alleging that he might be arrested in a case (Cr.No.230 of 2020) involving IPC offences 147, 148, 149, 308, 323, 325, 504 and 506. The learned Additional Government Advocate objected that the offences do not attract imprisonment exceeding seven years, a chargesheet has already been filed and there is no real apprehension of arrest, rendering the anticipatory bail plea untenable. The applicant sought permission to approach the trial court for regular bail, relying on the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The AGA raised no objection to this prayer. The High Court directed the applicant to appear before the trial court within four weeks, apply for regular bail, and ordered that no coercive action be taken against him during that period, thereby disposing of the anticipatory bail application.
Issues considered
- Whether an anticipatory bail application under CrPC s.482 is maintainable when the chargesheet is already filed and the alleged offences are not punishable with imprisonment exceeding seven years.
- Whether the applicant can be directed to seek regular bail and be protected from coercive action pending that application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 308, 323, 325, 504, 506
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- IPC offences
- coercive action
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10298 of 2026
Foola Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrendra Nath Rai, Sanjay Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. At the very outset, the Learned A.G.A. has raised an objection that the
offences alleged against the applicant is not punishable with
imprisonment exceeding seven years. It is further submitted that the
chargesheet has been filed and there is no apprehension of arrest of the
applicant, therefore, the present application seeking anticipatory bail is
not maintainable.
2. After some arguments, Learned counsel for the applicant prays that the
applicant may be permitted to approach the concerned Court and apply
for regular bail, which may be directed to be decided in accordance with
the law laid down by the Hon'ble Supreme Court in Satender Kumar
Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC
773. He further prays that for a short time, the interest of the applicant
may be protected.
3. The Learned A.G.A. has no objection to the said prayer.
4. Taking into account the submissions made by the Learned counsel for
the parties, it is directed that in case the applicant appears in Case Crime
No.230 of 2020, under Sections 147, 148, 149, 308, 323, 325, 504 & 506
I.P.C., Police Station Phoolpur, District Azamgarh, before the Court
concerned within a period of four weeks from today and applies for bail,
her bail application shall be considered and disposed of expeditiously in
accordance with law laid down by the Hon'ble Supreme Court in
NABAIL No. 10298 of 2026
2
Satender Kumar Antil vs. Central Bureau of Investigation &
Another, (2021) 10 SCC 773, and also subsequent orders of the Supreme
Court in the aforementioned case, without being influenced by any
observations made by the concerned Court while rejecting the
anticipatory bail application of the applicant.
5. For a period of four weeks from today, no coercive action shall be
taken against the applicant in the aforesaid case.
6. 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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