Allahabad High Court
NITISH @ BHOLA YADAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court directed that the applicant must apply for regular bail within four weeks and be protected from any coercive action during that period, thereby disposing of the anticipatory bail application.
Summary
The applicant, Nitish @ Bhola Yadav, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The counsel for the applicant requested permission to approach the concerned court for regular bail and sought temporary protection from coercive action. The opposing counsel raised no objection. The High Court directed that the applicant must appear before the concerned court within four weeks and apply for bail in the specified criminal case, and that his bail application will be considered expeditiously without being influenced by any earlier rejection of the anticipatory bail. The court also ordered that no coercive action be taken against the applicant for a period of four weeks. The anticipatory bail application was consequently disposed of with these directions.
Issues considered
- What relief, if any, should be granted in an anticipatory bail application under Section 482 CrPC?
- Whether the applicant should be protected from coercive action pending regular bail application?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109(1), 115(2), 191(1), 191(3), 281, 324(4), 351(3), 352
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- High Court of Allahabad
- bail directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8941 of 2026
Nitish @ Bhola Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Faheem Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, Learned counsel for the applicant prays that he
may be permitted to approach the concerned Court for seeking regular
bail. He further prays that for a short time, the interest of the applicant
may be protected.
2. The Learned AGA has 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 applicant appears before the
Court concerned within a period of four weeks from today and applies for
bail in Case Crime No.256 of 2026 under Sections 115(2), 352, 351(3),
324(4), 281, 109(1), 191(1), 191(3) B.N.S., Police Station Dadri, District
Gautam Buddha Nagar, his 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 applicant.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicant 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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