Allahabad High Court
AVDHESH YADAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court declined to grant anticipatory bail, allowed the applicant to withdraw the application and directed that a regular bail application be considered per Satender Kumar Antil, staying the non‑bailable warrant for four weeks.
Summary
Avdhesh Yadav filed an anticipatory bail application under CrPC s.482 in a case where charge‑sheet had already been filed for offences under IPC s.498A, 323, 504, 506 and the Dowry Prohibition Act s.3/4. The learned Attorney‑General objected that the offences were not punishable with imprisonment exceeding seven years and that there was no apprehension of arrest, rendering the anticipatory bail plea untenable. The applicant 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 Attorney‑General raised no objection to this request. The High Court directed that the applicant may appear before the trial court within four weeks, file a regular bail application, and that the bail be decided in accordance with the Satender Kumar Antil precedent, without being influenced by the earlier rejection of anticipatory bail. The court also stayed the execution of the non‑bailable warrant for four weeks and disposed of the anticipatory bail application.
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 application and seek regular bail under the Supreme Court’s guidelines in Satender Kumar Antil.
- Whether a stay of execution of the non‑bailable warrant can be granted pending the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- non‑bailable warrant
- stay of execution
- Dowry Prohibition Act
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8927 of 2026
Avdhesh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar, Neetu Singh, Sachin
Kumar
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.270 of 2013, under Sections 498(A), 323, 504 and 506 of I.P.C. and
Section 3/4 of the D.P. Act, P.S.- Chaubepur, District- Varanasi, before
the Court concerned within a period of four weeks from today and applies
NABAIL No. 8927 of 2026
2
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.
5. For a period of four weeks from today, execution of the NBW issued
against the applicant shall remain stayed.
6. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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