Allahabad High Court
MERAJversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court disposed of the anticipatory bail application, permitting the applicant to seek regular bail within four weeks and prohibiting any coercive action during that period.
Summary
The applicant, Meraj, filed an anticipatory bail application under CrPC Section 482 after a charge sheet was lodged. The learned Additional Government Advocate argued that the alleged offences do not carry a punishment exceeding seven years, so there was no fear of arrest. The applicant’s counsel requested permission to withdraw the anticipatory bail application and instead apply for regular bail, invoking the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The court accepted this request, directing that if the applicant appears in the pending case (Crime No. 08 of 2025) and files a regular bail application within four weeks, it will be decided per the Supreme Court’s direction, without being influenced by the Sessions Judge’s earlier observations. The court also ordered that no coercive action be taken against the applicant for four weeks and disposed of the anticipatory bail application.
Issues considered
- Whether anticipatory bail is warranted when the alleged offences do not attract a punishment of more than seven years.
- Whether the applicant may withdraw the anticipatory bail application and seek regular bail under the Supreme Court’s direction in Satender Kumar Antil v. CBI.
- Whether the Sessions Judge’s observations rejecting the anticipatory bail can affect the forthcoming regular bail application.
Legislation cited
- B.N.S. — s. 352, 85
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- Dowry Prohibition Act
- Muslim Women (Protection of Rights on Marriage) Act
- Supreme Court direction
- coercive action
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8223 of 2026
Meraj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar Tripathi, Yogesh Kumar
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The Learned A.G.A. has pointed out that a charge sheet has already
been filed against the applicant. He has raised an objection that the
offences that have been alleged against the applicant, do not entail a
punishment of more than seven years, in the event of a conviction.
Therefore, there is no apprehension of arrest of the applicant.
2. On such an objection being raised, the Learned counsel for the
applicant prays that he may be permitted to withdraw the present
application with liberty to the applicant to appear before the concerned
Court and apply for regular bail, which may be directed to be decided in
accordance with the direction given by the Hon'ble Supreme Court in
Satender Kumar Antil vs. Central Bureau of Investigation &
Another, (2021) 10 SCC 773 and in the meantime their interest 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 applicant appears in Case Crime
No.08 of 2025, under Sections 85 and 352 of the B.N.S. and Section 3/4
of the Dowry Prohibition Act and Section 3/4 of the Muslim Women
(Protection of Rights on Marriage) Act, 2019, P.S. Shahganj, District
Jaunpur, before the Court concerned within a period of four weeks from
NABAIL No. 8223 of 2026
2
today and applies for bail, the same shall be considered and disposed of,
expeditiously, in accordance with direction given by the Hon'ble Supreme
Court in Satender Kumar Antil (supra) and the subsequent orders
passed therein, without being influenced by any observations made by the
concerned Sessions Judge 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.
6. With the aforesaid observations/directions, this application stands
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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