Allahabad High Court
SARVESH KUMAR MAURYA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted interim protection and directed the applicants to apply for regular bail within four weeks, disposing of the anticipatory bail application.
Summary
The applicants, Sarvesh Kumar Maurya and another, filed an anticipatory bail application under Sections 61(2), 340(2), 336(3), 338 and 318(4) of the B.N.S., 2023 in a criminal case (Crime No. 349 of 2026) fearing arrest. The counsel for the applicants sought interim protection to appear before the trial court and apply for regular bail, while the State's counsel raised no objection. The High Court, after hearing both sides, granted the interim relief, directing that no coercive action be taken against the applicants for four weeks and that they must apply for regular bail within that period. The court ordered that the regular bail application be decided expeditiously and not be prejudiced by any earlier refusal of anticipatory bail. The anticipatory bail application was therefore disposed with these directions.
Issues considered
- Whether anticipatory bail should be granted to the applicants under the B.N.S., 2023.
- Whether the applicants should be allowed interim protection to apply for regular bail.
Legislation cited
- B.N.S., 2023 — s. 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- regular bail
- interim protection
- B.N.S. 2023
- criminal procedure
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9279 of 2026
Sarvesh Kumar Maurya And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Varinder Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicants; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No.349 of 2026, under Sections 61(2), 340(2),
336(3), 338 and 318(4) of the B.N.S., 2023, Police Station – Kotwali,
District Bareilly, with a prayer to enlarge them on anticipatory bail, as the
applicants apprehend their arrest in the aforesaid case.
3. After some arguments, the Learned counsel for the applicants prays
that the applicants may be permitted to appear before the concerned Court
and apply for regular bail. The Learned counsel further states that the
applicants may be granted some interim protection to appear before the
concerned Court and apply for bail.
4. The Learned A.G.A. has no objection to the said prayer.
5. The prayer so made by the Learned counsel for the applicants is
allowed. It is provided that in case the applicants appear before the
concerned Court within a period of four weeks from today and apply for
regular bail in the aforesaid case crime, their application for bail shall be
considered and decided expeditiously in accordance with law, without
being influenced by any observations made by the concerned Sessions
Court while refusing to grant anticipatory bail to the applicants.
NABAIL No. 9279 of 2026
2
6. For a period of four weeks from today, no coercive action shall be
taken against the applicants.
7. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 23, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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