Allahabad High Court
TASVEER AHMAD ALIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court dismissed the anticipatory bail application, directing the applicant to withdraw it and seek regular bail within four weeks, with no coercive action to be taken in the interim.
Summary
Tasveer Ahmad Ali applied for anticipatory bail under CrPC s.482, claiming fear of arrest in a criminal case involving IPC offences. The State opposed, arguing the offences do not carry imprisonment exceeding seven years, a charge‑sheet has 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. The Court accepted the withdrawal, directing the applicant to appear before the trial court within four weeks and file a regular bail application, which must be decided in accordance with the Satender Kumar Antil precedent, and ordered that no coercive action be taken during that period. The anticipatory bail application was consequently disposed.
Issues considered
- Whether an anticipatory bail application is maintainable when the alleged offences are not punishable with imprisonment exceeding seven years and a charge‑sheet has already been filed.
- Whether the applicant may withdraw the anticipatory bail petition and seek regular bail under the Supreme Court’s guidelines in Satender Kumar Antil.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 115(2), 333, 351(3), 352, 76
Subjects
- anticipatory bail
- regular bail
- CrPC s.482
- Supreme Court precedent
- withdrawal of bail application
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8536 of 2026
Tasveer Ahmad Ali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Pandey
Counsel for Opposite Party(s) : Akhilesh Kumar Singh, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Sri Vinod Kumar Yadav, Advocate holding brief of Sri Akhilesh
Kumar Singh, has filed Vakalatnama on behalf of the informant, today in
Court, which is taken on record.
2. 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.
3. 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.
4. The Learned A.G.A. has no objection to the said prayer.
5. 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
NABAIL No. 8536 of 2026
2
No.40 of 2026, under Sections 76, 333, 115(2), 351(3), 352 BNS, Police
Station Azeem Nagar, District Rampur, 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 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.
6. For a period of four weeks from today, no coercive action shall be
taken against the applicant pursuant to the above-mentioned case.
7. 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
Checking your session…