Allahabad High Court
AMIT AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court ordered that the bail application be considered expeditiously, granting interim protection for four weeks and prohibiting any coercive action against the applicants.
Summary
The applicants filed an anticipatory bail application under Section 482 of the Criminal Procedure Code, which had earlier been rejected by the Additional Sessions Judge/Special Judge under the POCSO Act. They prayed for permission to appear before the concerned court and apply for regular bail, seeking interim protection since the alleged offences carry a maximum punishment of seven years. The State had no objection to the prayer. The High Court directed that the bail application be considered expeditiously, without being influenced by the earlier rejection, and ordered that no coercive action be taken against the applicants for a period of four weeks or until the bail application is filed, whichever is earlier. The anticipatory bail application was consequently disposed of with these directions.
Issues considered
- Whether the anticipatory bail application can be entertained despite a prior rejection by the Additional Sessions Judge.
- Whether interim protection can be granted when the maximum punishment is seven years.
- Whether coercive action can be stayed pending the filing of a regular bail application.
Legislation cited
Subjects
- anticipatory bail
- Section 482 CrPC
- interim protection
- coercive action
- bail procedure
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8900 of 2026
Amit And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Saini, Rekha Patel
Counsel for Opposite Party(s) : Chandra Prakash Pandey, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicants and learned AGA for the
State.
2. After some arguments, learned counsel for the applicants prays that
applicants may be permitted to appear before the court concerned and
apply for regular bail, which may be considered and disposed of
expeditiously, without being influenced by the rejection of the
anticipatory bail application of the applicants by the Additional Sessions
Judge/Special Judge, POCSO Act, Hapur.
3. He further submits that some interim protection may be granted to the
applicants, as the offences alleged against the applicants are not
punishable, in the event of conviction, more than seven years.
4. Learned AGA has no objection to the said prayer.
5. In view of the submissions made above, it would be appropriate to
dispose of this application with the direction to the concerned court to
consider and decide the bail application of the applicants expeditiously,
without being influenced by any of the observations made in the bail
rejection order of the applicants.
6. Taking note of the fact that the maximum punishment which may be
awarded, in the event of conviction, is seven years, for a period of four
weeks from today or till the filing of the bail application of the applicants,
NABAIL No. 8900 of 2026
2
whichever is earlier, no coercive action shall be taken against the
applicants.
7. In view of the said observations, 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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