Allahabad High Court
NITIN KUMAR AND 3 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court rejected the anticipatory bail application and directed that regular bail be decided expeditiously if applied for within four weeks, with a stay on coercive action.
Summary
The applicants Nitin Kumar and three others were charged under several sections of the B.N.S. and the Dowry Prohibition Act in a case pending before the Bijnor court. They filed an anticipatory bail application under CrPC s.482, which the Assistant Government Advocate contested on the ground that the offences did not attract imprisonment exceeding seven years, a charge‑sheet had already been filed and there was no fear of arrest. The applicants then sought to withdraw the anticipatory bail plea and instead apply for regular bail, invoking the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The High Court accepted the withdrawal, directed that if the applicants appear and file a regular bail application within four weeks their bail be decided expeditiously in accordance with the Satender Kumar Antil judgment, and ordered a four‑week stay on any coercive action. Consequently, the anticipatory bail application was dismissed and the matter was disposed of.
Issues considered
- Whether anticipatory bail under CrPC s.482 is maintainable when the alleged offences do not carry imprisonment exceeding seven years and a charge‑sheet has already been filed.
- Whether the applicants may withdraw the anticipatory bail application and seek regular bail instead.
- Whether the court can stay any coercive action pending the filing of a regular bail application.
Legislation cited
- B.N.S. — s. 115(2), 3(5), 351(2), 352, 76, 85
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- Dowry Prohibition Act
- stay of coercive action
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8232 of 2026
Nitin Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar, Rakesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. At the very outset, the Learned A.G.A. has raised an objection that the
offences alleged against the applicants are not punishable with
imprisonment exceeding seven years. It is further submitted that the
charge-sheet has been filed and there is no apprehension of arrest of the
applicant, therefore, the present application seeking anticipatory bail is
not maintainable.
2. After some arguments, the Learned counsel for the applicants prays
that he may be permitted to withdraw the present application with liberty
to the applicants to approach the concerned Court and apply for regular
bail, which may be directed to be decided in accordance with the law laid
down by the Supreme Court in Satender Kumar Antil vs. Central
Bureau of Investigation & Another, (2021) 10 SCC 773, and the
subsequent orders passed by the Supreme Court in the above-mentioned
case.
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 applicants appear in Case Crime
No.505 of 2026, under Sections 76, 85, 3(5), 115(2), 351(2) and 352 of
the B.N.S. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.-
Nagina, District- Bijnor, before the Court concerned within a period of
four weeks from today and applies for bail, their bail applications shall be
NABAIL No. 8232 of 2026
2
considered and disposed of expeditiously in accordance with law laid
down by the Supreme Court in Satender Kumar Antil (supra), without
being influenced by any observations made by the concerned Court, while
rejecting the anticipatory bail application of the applicants.
5. For a period of four weeks from today, no coercive action shall be
taken against the applicants in the above-mentioned case.
6. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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