Allahabad High Court
ONKAR SAHAIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court rejected the anticipatory bail application and ordered the applicant to seek regular bail within four weeks, staying any coercive action in the meantime.
Summary
Onkar Sahai applied for anticipatory bail under Section 482 CrPC in connection with offences under Sections 498‑A, 323, 504, 506, 406 IPC and Sections 3/4 of the D.P. Act. The learned Additional Government Advocate argued that the offences do not attract imprisonment exceeding seven years, a charge‑sheet has already been filed and there is no apprehension of arrest, rendering the anticipatory bail petition untenable. The applicant then sought 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 A.G. raised no objection to this request. The Court directed that the applicant must appear in the pending case (Crime No. 152 of 2020) within four weeks and file a regular bail application, which will be decided per the Satender Kumar Antil precedent, while rejecting the anticipatory bail plea and staying any coercive action for the same period. The application was consequently disposed.
Issues considered
- Whether an anticipatory bail application is maintainable when a charge‑sheet has been filed and the alleged offences are not punishable with imprisonment exceeding seven years.
- Whether the applicant may withdraw the anticipatory bail petition and seek regular bail under the principles laid down in Satender Kumar Antil v. CBI.
- Whether the court can stay coercive action against the applicant pending the filing of a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 406, 498-A, 504, 506
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- charge-sheet
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8535 of 2026
Onkar Sahai
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Mishra
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 applicant 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 applicant prays that
he may be permitted to withdraw the present application with liberty to
the applicant 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 applicant appears in Case Crime
No.152 of 2020, under Sections 498-A, 323, 504, 506 and 406 IPC and
Sections 3/4 D.P. Act, Police Station Mahila Thana, District Mathura,
before the Court concerned within a period of four weeks from today and
applies for bail, his bail application shall be considered and disposed of
NABAIL No. 8535 of 2026
2
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 applicant.
5. For a period of four weeks from today, no coercive action shall be
taken against the applicant pursuant to the above-mentioned case.
6. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 8, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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