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Allahabad High Court

KUNJ BIHARI SHARANversusSTATE OF U.P. AND ANOTHER

Decided

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

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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