Allahabad High Court
NARESH KUMARversusSTATE OF U.P.
- Decided
Holding
The court refused to grant anticipatory bail, holding that the applicant's circumstances did not merit such relief.
Summary
The applicant, Naresh Kumar, filed an anticipatory bail application claiming that no charge-sheet had been filed and that he was falsely implicated. The State opposed, asserting that a charge-sheet had indeed been filed and highlighting the applicant's prior involvement in seven criminal cases. The court examined whether the circumstances warranted the exercise of its inherent powers under Section 482 of the Criminal Procedure Code to grant anticipatory bail. Considering the existence of a charge-sheet and the applicant's criminal history, the court found no justification to grant anticipatory bail. Consequently, the court directed the applicant to seek regular bail before the trial court and dismissed the anticipatory bail petition.
Issues considered
- Whether anticipatory bail should be granted when a charge-sheet has been filed and the applicant has a history of multiple criminal cases
- Whether the court can exercise its inherent powers under Section 482 CrPC to deny anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- charge-sheet
- criminal history
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3690 of 2026
Naresh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Adya Shankar Chaturvedi, Arvind
Agrawal
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Learned counsel for the applicant submits that the charge-sheet has not
been filed in the present case and that the applicant has been falsely
implicated; however, learned A.G.A. submits that the charge-sheet has
been filed, and even otherwise, the applicant has a criminal history of
seven cases.
2. Therefore, this Court does not find it a fit case to grant anticipatory
bail. However, the applicant is at liberty to file a regular bail application
before the court below.
3. With the aforesaid observations/directions, the instant anticipatory bail
application stands disposed of.
(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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