Allahabad High Court
DEV KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court dismissed the anticipatory bail application and directed the petitioners to apply for regular bail within four weeks, restraining any coercive action during that period.
Summary
The petitioners, Dev Kumar and another, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with charges under IPC Sections 115(2), 352, 351(3) and 110. The learned Additional Government Advocate argued that the offences did not attract imprisonment exceeding seven years and that a chargesheet had already been filed, rendering the anticipatory bail plea untenable. The petitioners sought permission to approach the trial court for regular bail, invoking the Supreme Court’s guidelines in Satender Kumar Antil v. CBI (2021). The court accepted the petitioners’ request to seek regular bail and directed that they appear before the concerned court within four weeks and apply for bail, with the application to be decided expeditiously. It also ordered that no coercive action be taken against the petitioners for a period of four weeks and disposed of the anticipatory bail application.
Issues considered
- Whether an anticipatory bail application is maintainable when the alleged offences are not punishable with imprisonment exceeding seven years and a chargesheet has been filed
- Whether the petitioners can be directed to seek regular bail instead of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 110, 115(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- coercive action
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10301 of 2026
Dev Kumar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivajee Srivastava, Surendra Nath
Yadav
Counsel for Opposite Party(s) : G.A., Vipin Chandra Pandey
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 applicants are 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
applicants, therefore, the present application seeking anticipatory bail is
not maintainable.
2. After some arguments, Learned counsel for the applicants prays that
the applicants 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
applicants 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 applicants appear in Case Crime
No.119 of 2026 under Sections 115(2), 352, 351(3), 110 B.N.S. Police
Station-Ughaiti, District-Budaun, before the Court concerned within a
period of four weeks from today and apply for bail, their application for
bail shall be considered and disposed of expeditiously in accordance with
NABAIL No. 10301 of 2026
2
law laid down by the Hon'ble Supreme Court in 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 applicants 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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