Allahabad High Court
JITENDRA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted interim protection, directing the applicant to apply for regular bail within four weeks and prohibiting any coercive action during that period.
Summary
The applicant, Jitendra Yadav, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case involving alleged offences under several sections of the B.N.S., 2023. He feared arrest and sought protection to appear before the trial court and apply for regular bail. The State’s Additional Government Advocate raised no objection to the applicant’s request for interim relief. The High Court allowed the prayer, directing that the applicant must apply for regular bail within four weeks, after which his bail application will be decided expeditiously and without prejudice from any earlier refusal of anticipatory bail. The court also ordered that no coercive action be taken against the applicant during this four‑week period and disposed of the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC.
- Whether the court can grant interim protection pending the filing of a regular bail application.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 191(2), 191(3), 324(2), 351(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- interim protection
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9629 of 2026
Jitendra Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Yadav
Counsel for Opposite Party(s) : Dhirendra Kumar Srivastava, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; Learned A.G.A. for the State;
and Ms. Mehrunisha Saifi, Advocate, holding the brief of Shri Dhirendra
Kumar Srivastava, Learned counsel for the informant.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.159 of 2026, under Sections 191(2), 109(1),
115(2), 324(2), 191(3) and 351(3) of the B.N.S., 2023, Police Station –
Sakaladiha, District Chandauli, 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. 9629 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 30, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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