Allahabad High Court
RAHUL ALIAS PREM SHANKARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court rejected the anticipatory bail application and ordered that any regular bail application be decided expeditiously per Satender Kumar Antil, without influence from the lower court’s observations.
Summary
The applicant, Rahul alias Prem Shankar, filed an anticipatory bail application under CrPC s.482 in connection with charges under IPC sections 74, 115(2), 351(2), 352 and sections 3 and 4 of the Dowry Prohibition Act in case No. 766 of 2025. 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 plea untenable. The applicant’s counsel sought to withdraw the anticipatory bail application and instead apply for regular bail, relying on the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The A.G. raised no objection to this request. The court rejected the anticipatory bail application, directing that if the applicant appears before the concerned court within four weeks and files a regular bail petition, it must be decided expeditiously in accordance with the Satender Kumar Antil precedent, without being influenced by the lower court’s observations. The anticipatory bail application was therefore disposed of.
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 application and seek regular bail pursuant to the Supreme Court’s decision in Satender Kumar Antil.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- IPC sections
- Dowry Prohibition Act
- Supreme Court precedent
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8934 of 2026
Rahul Alias Prem Shankar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul 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 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.766 of 2025, under Sections 74, 115(2), 351(2), 352 and Section 3/4
of the Dowry Prohibition Act, P.S.- Ramgarh, District- Firozabad, 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. 8934 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. 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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