Allahabad High Court
BALRAJ SINGH DEDHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed as infructuous because there was no apprehension of arrest.
Summary
Balraj Singh Dedha applied for anticipatory bail under Section 482 of the CrPC after receiving a notice under Section 35(3) of the B.N.S.S. The investigation was later altered to offences carrying a maximum imprisonment of seven years or less. The applicant argued that there was no apprehension of arrest. The Court examined whether an anticipatory bail application is maintainable when the applicant does not fear arrest and the alleged offences are not serious. Finding no apprehension of arrest, the Court held the application to be infructuous and dismissed it.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC is maintainable when the applicant does not apprehend arrest and the offences involved carry a maximum imprisonment of up to seven years
Legislation cited
- B.N.S.S. — s. 35(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- Section 35(3) B.N.S.S.
- no apprehension of arrest
- infructuous application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8957 of 2026
Balraj Singh Dedha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Padmaker Pandey, Rakesh Kumar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Sri Padmaker Pandey, Learned counsel for the applicant, states that the
applicant has been served with a notice under Section 35(3) of the
B.N.S.S. and the investigation has been converted to offences which are
not punishable with a maximum imprisonment of more than seven years
in the event of a conviction. He states that as there is no apprehension of
arrest, this application has become infructuous and may be dismissed as
such.
2. Dismissed as infructuous.
(Rajiv Lochan Shukla,J.)
September 23, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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