Allahabad High Court
SATENDRA KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court declined to grant anticipatory bail but ordered that no coercive action be taken for four weeks and that the applicant may apply for regular bail, which shall be decided expeditiously.
Summary
The applicant, Satendra Kumar, filed an anticipatory bail application under Sections 85, 109(1), 115(2), 117(3), 352 and 351(3) of the B.N.S., 2023, fearing arrest in a criminal case (Crime No.0152 of 2026). The counsel requested that the applicant be allowed to appear before the concerned court and seek regular bail, seeking interim protection in the meantime. The Additional Government Advocate raised no objection to this prayer. The court granted the interim relief, directing that no coercive action be taken against the applicant for four weeks and that he may apply for regular bail within that period, with the bail application to be decided expeditiously and not influenced by any earlier refusal of anticipatory bail. The court disposed of the anticipatory bail application with these directions.
Issues considered
- Whether anticipatory bail should be granted to the applicant under the B.N.S., 2023.
- Whether the court can provide interim protection pending a regular bail application.
- Whether the applicant must be directed to apply for regular bail within a specified time frame.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(3), 351(3), 352, 85
Subjects
- anticipatory bail
- regular bail
- interim protection
- coercive action
- B.N.S. 2023
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9526 of 2026
Satendra Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Diwakar Prasad Tiwari, Sudhir Kumar
Shukla
Counsel for Opposite Party(s) : Ashok Kumar Mishra, Avesh Mishra,
G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.0152 of 2026, under Sections 85, 109(1),
115(2), 117(3), 352, 351(3) of the B.N.S., 2023, Police Station – Haldaur,
District Bijnor, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.
3. After some arguments, the Learned counsel for the applicant prays that
the applicant may be permitted to appear before the concerned Court and
apply for regular bail. The Learned counsel further states that the
applicant 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 applicant is
allowed. It is provided that in case the applicant appears before the
concerned Court within a period of four weeks from today and applies for
regular bail in the aforesaid case crime, his application for bail shall be
considered and decided expeditiously in accordance with law, without
being influenced by any observations made by the concerned Sessions
NABAIL No. 9526 of 2026
2
Court while refusing to grant anticipatory bail to the applicant.
6. For a period of four weeks from today, no coercive action shall be
taken against the applicant.
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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