Allahabad High Court
KUNJ BIHARI SHARANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed, directing the applicant to file a fresh application disclosing his criminal antecedents.
Summary
The High Court considered an anticipatory bail application under Section 482 filed by Kunj Bihari Sharan. The State opposed, highlighting an undisclosed prior case (Case Crime No. 327 of 2005) involving offences under Sections 147, 307, 323, 452 and 506 IPC. The court held that the applicant’s failure to disclose this criminal history violated the disclosure requirements of Chapter XVIII, Rule 18(7) of the Rules of Court. Consequently, the application was dismissed, with liberty granted to the applicant to file a fresh application providing full details of his antecedents. Certified copies, if any, were to be returned to the applicant’s counsel.
Issues considered
- Whether anticipatory bail can be granted when the applicant has an undisclosed prior criminal case.
- Whether the court may dismiss the anticipatory bail application on a preliminary objection under Rule 18(7) of the Rules of Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 307, 323, 452, 506
- Rules of Court — s. Chapter XVIII, Rule 18(7)
Subjects
- anticipatory bail
- Section 482 CrPC
- criminal antecedents
- disclosure requirement
- preliminary objection
- High Court of Allahabad
- application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9441 of 2026
Kunj Bihari Sharan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinay Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Learned A.G.A. has opposed the grant of anticipatory bail and has raised a
preliminary objection stating that the applicant Kunj Bihari Sharan has a criminal
history of one other case registered as Case Crime No. 327 of 2005, under Sections
147, 307, 323, 452, 506 IPC, Police Station- Vrindavan, District-Mathura, which is
not disclosed and the declaration has been made that the applicant has no criminal
history.
2. In view of the objection raised by Learned A.G.A., this application is
dismissed with the liberty to the applicant to file fresh application
explaining in detail his criminal antecedents as required under the
provisions of Chapter XVIII, Rule 18 sub-Rule (7) of the Rules of the
Court.
3. Certified copies, if any, may be returned to the Learned counsel for the
applicant.
4. This order has been passed in presence of Sri H.K. Srivastava, Learned
counsel who has filed his Vakalatnama on behalf of Vishwanath Singh,
who claims to be the de facto complainant.
(Rajiv Lochan Shukla,J.)
September 11, 2026
Sartaj
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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