Allahabad High Court
RAJBIR SINGH TYAGI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed as it was not maintainable under the circumstances.
Summary
The applicants filed an anticipatory bail application under Section 482 of the B.N.S., 2023, fearing arrest in a criminal case (Crime No. 380 of 2026) involving alleged offences under Sections 318(4), 316(2) and 351(2) of the same Act. The Attorney General objected, contending that the offences do not attract a punishment of more than seven years and therefore the application is not maintainable, and that Section 35(3) of the B.N.S. along with Supreme Court precedents already safeguard the applicants. The applicants’ counsel could not rebut the objection. The Court, after considering the facts, held that the anticipatory bail application could not be entertained and directed the investigating officer to strictly follow the Supreme Court guidelines laid down in Arnesh Kumar, Mohd. Asfak Alam and Satender Kumar Antil while conducting the investigation. Consequently, the application was disposed without granting bail.
Issues considered
- Whether an anticipatory bail application under Section 482 is maintainable when the alleged offences do not carry a punishment exceeding seven years
- Whether Section 35(3) of the B.N.S., 2023 provides sufficient protection in lieu of anticipatory bail
- Whether the Supreme Court judgments in Arnesh Kumar, Mohd. Asfak Alam and Satender Kumar Antil are applicable to the present investigation
Legislation cited
- B.N.S., 2023 — s. 316(2), 318(4), 351(2), 35(3), 482
Subjects
- anticipatory bail
- Section 482
- maintainability
- punishment threshold
- Supreme Court guidelines
- investigation procedure
- Section 35(3)
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8220 of 2026
Rajbir Singh Tyagi And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava
Counsel for Opposite Party(s) : Ashok Kumar Singh, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicants, the Learned A.G.A. for the
State and Sri Ashok Kumar Singh, Learned counsel for the informant.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No. 380 of 2026, under Sections 318(4), 316(2)
and 351(2) of the B.N.S., 2023, Police Station – Hapur Nagar, District
Hapur, with a prayer to enlarge them on anticipatory bail, as the
applicants apprehend their arrest in the aforesaid case.
3. At the very outset, the Learned A.G.A. has raised an objection
regarding the maintainability of the instant application by submitting that
the applicants do not apprehend their arrest as the offences that have been
alleged against the applicants do not entail in the event of a conviction, a
punishment of more than seven years. He further contends that
appropriate protection has been provided in the BNSS itself in the form of
Section 35(3) BNSS and the judgments of the Supreme Court in Arnesh
Kumar vs. State of Bihar and Anr. 2014 (8) SCC 273, Mohd. Asfak
Alam vs. State of Jharkhand and anr. (2023) 8 SCC 63 and Satender
Kumar Antil vs. Central Bureau of Investigation 2026 INSC 115 also
safeguard the interest of the applicants.
4. Upon being confronted with the objection raised by the Learned
A.G.A., the Learned counsel for the applicants failed to satisfactorily
meet the same.
5. Taking into consideration the entire facts and circumstances of the
NABAIL No. 8220 of 2026
2
case, it would be appropriate to dispose of the present application with a
direction to the Investigating Officer to strictly comply with the directions
issued by the Supreme Court in Arnesh Kumar (supra) and Mohd.
Asfak Alam (supra) and Satender Kumar Antil (supra) while
conducting the investigation in the above mentioned case.
6. This application is accordingly disposed of.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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