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Allahabad High Court

ALEEM SHAMSI ALIAS PAPPU ALIAS ALIM UDDINversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the applicant shall be protected from coercive action for four weeks and may apply for regular bail within that period, with the bail application to be considered without prejudice from the earlier anticipatory bail rejection.

Summary

The applicant, Aleem Shamsi, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The counsel requested that the applicant be allowed to approach the concerned court for regular bail and be protected from any coercive action for a short period. The opposing counsel raised no objection. The court directed that the applicant must appear before the concerned court within four weeks to apply for regular bail under various CrPC sections and that his bail application be considered independently of the earlier anticipatory bail rejection. It also ordered that no coercive action be taken against him for the next four weeks. The anticipatory bail application was consequently disposed of.

Issues considered

  • Whether the applicant is entitled to anticipatory bail under Section 482 CrPC
  • Whether the applicant can be protected from coercive action for a period of four weeks pending a regular bail application

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • regular bail
  • coercive action
  • Allahabad High Court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 10299 of 2026

                                    Aleem Shamsi Alias Pappu Alias Alim Uddin
                                                                                                   .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                              .....Opposite Party(s)

                                    Counsel for Applicant(s)                      :    Rakesh Pati Tiwari
                                    Counsel for Opposite Party(s)                 :    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 has 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.292 of 2026, under Sections 61(2), 191(2), 333,
                                    324(4), 115(2), 352, 351(3), 310(2), 317 (3) B.N.S., Police Station Prem
                                    Nagar, District Bareilly, 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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