Allahabad High Court
DEEPAK KUMAR AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court directed that the petitioners may apply for regular bail within four weeks and that no coercive action be taken against them during that period, thereby disposing of the anticipatory bail application.
Summary
The petitioners filed an anticipatory bail application under Section 482 of the CrPC. Both the Assistant Government Advocate and the informant's counsel did not oppose the petitioners' request to approach the trial court for regular bail. The High Court directed that the petitioners may apply for regular bail within four weeks in the pending criminal case and that no coercive action be taken against them during this period. The court ordered that the regular bail application be considered expeditiously, without being influenced by any prior observations that led to the rejection of the anticipatory bail. Consequently, the anticipatory bail application was disposed of with directions for the pending regular bail application.
Issues considered
- Whether the petitioners can be permitted to seek regular bail after the anticipatory bail application was filed
- Whether a stay on coercive action can be granted pending the regular bail application
- Whether observations made by the trial court in rejecting the anticipatory bail should affect the regular bail application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109, 115, 117, 190, 191, 324, 333, 351, 352, 482
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8939 of 2026
Deepak Kumar And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Jitendra Singh, Vipin Kumar
Counsel for Opposite Party(s) : G.A., Hari Narayan Singh
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, Learned counsel for the applicants prays that
the applicants may be permitted to approach the concerned Court for
seeking regular bail. He further prays that for a short time, the interest of
the applicants may be protected.
2. The Learned AGA and Shri Hari Narayan Singh, Learned counsel for
the informant have no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsel for
the parties, it is directed that in case the applicants appears before the
Court concerned within a period of four weeks from today and applies for
bail in Case Crime No.345 of 2026, under Sections 109(1), 351(3), 190,
191(3), 117(2), 115(2), 191(2), 324(2), 333, 352 BNS, Police Station
Dhan Ghata, District Sant Kabir Nagar, their application for bail shall be
considered and disposed of expeditiously, in accordance with the
law, without being influenced by any observations made by the concerned
Court while rejecting the anticipatory bail application of the applicants.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicants in the aforesaid case.
5. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 24, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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