Allahabad High Court
ROHIT SENGARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
Anticipatory bail is not maintainable for a bailable offence, and the application was dismissed.
Summary
Rohit Sengar applied for anticipatory bail under Section 482 of the Criminal Procedure Code for an alleged offence under Section 238 of the BNS, 2023. The court noted that the offence is bailable, and therefore anticipatory bail is not maintainable. The application was dismissed on the ground of non‑maintainability. The court directed the applicant to seek regular bail from the trial court if needed. No substantive discussion of evidence or merits was undertaken.
Issues considered
- Whether anticipatory bail is maintainable for an offence that is bailable under the law
Legislation cited
- BNS, 2023 — s. 238
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- bailable offence
- maintainability
- Criminal Procedure Code
- Section 238
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 2354 of 2026
Rohit Sengar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anshul Sengar, Atul Kumar Shahi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Shri Mukesh Kumar Pandey, learned Advocate, has filed Vakalatnama on
behalf of opposite party no. 2 today in Court, which is taken on record.
2. Supplementary affidavit filed by learned counsel for the applicant is taken
on record.
3. Heard Shri U.K. Saxena, learned Senior Advocate, assisted by Shri
Anshul Sengar, learned counsel for the applicant, Shri Mukesh Kumar
Pandey, learned counsel for the first informant and Shri Shiv Dutt Shukla,
learned AGA for the State.
4. The applicant seeks anticipatory bail for the offence under Section 238 of
BNS, 2023. The said offence is bailable. In view of this, the application for
anticipatory bail is not maintainable.
5. Accordingly, the instant application is dismissed as not maintainable. The
applicant shall be at liberty to move before the learned trial court concerned
for regular bail.
(Jitendra Kumar Sinha,J.)
March 19, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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