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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

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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