Allahabad High Court
OMENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court declined to grant anticipatory bail, directing the applicant to seek regular bail before the trial court.
Summary
The Allahabad High Court considered an anticipatory bail application under Section 482 CrPC filed by Omendra Singh in a case involving IPC offences 420, 467, 468 and 471. The applicant argued that he had no criminal antecedents, no coercive process had been initiated, and that the charge sheet had only recently been filed, seeking bail to avoid arrest. The State opposed the application. The Court found that the applicant failed to demonstrate any compelling ground for anticipatory bail and therefore refused the relief, directing him to approach the trial court for regular bail while observing the guidelines laid down in Satendra Kumar Antil v. CBI. The application was consequently disposed of.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC when a charge sheet has been filed.
- Whether the applicant's lack of antecedents and willingness to cooperate constitute sufficient grounds for anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- Indian Penal Code
- Allahabad High Court
- bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9448 of 2026
Omendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh Yadav, Sanjay Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
2. The present application has been moved seeking anticipatory bail in Case
Crime No. 768 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police
Station Kasganj, District Kasganj, with the prayer that in the event of arrest,
he may be released on bail.
3. It has been argued by the learned counsel for the applicant that this is the
second anticipatory bail application moved on behalf of applicant. The first
was allowed till the submission of police report. Now charge sheet has been
filed against him. The applicant is innocent and he has an apprehension that
he may be arrested in the above-mentioned case, whereas there is no credible
evidence against him. It has further been submitted that applicant has no
criminal antecedents and that no coercive process has been issued against the
applicant so far. It was also submitted that applicant undertakes to co-operate
during investigation and trial and he would appear as and when required by
the investigating agency or Court. It has been stated that in case, the
applicant is granted anticipatory bail, he shall not misuse the liberty of bail
and will co-operate with the investigation and would obey all conditions of
bail.
4. Learned A.G.A. has opposed the application for anticipatory bail.
5. After hearing the learned counsel for the parties and after perusing the
averments made in the present application, this Court is of the opinion that
learned counsel for the applicant could not point out any good ground for
grant of anticipatory bail.
6. However, it is open for the applicant to move regular bail before the
concerned Court below. In case, such an application for bail is moved before
the concerned Court below, then it is expected that the concerned Court
NABAIL No. 9448 of 2026
2
below shall consider and decide the same keeping in mind the necessary
guidelines for grant of bail as laid down in the matter of Satendra Kumar
Antil Vs. Central Bureau of Investigation and another (Special Leave to
Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), without fettering
the discretion of the courts concerned and the statutory provisions governing
consideration in grant of bail.
7. With the aforesaid observations/directions, the instant application stands
disposed of.
September 11, 2026
Mustaqeem.
(Dr. Gautam Chowdhary,J.)
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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