Allahabad High Court
KRISHAN KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is dismissed, and the applicant may apply for regular bail.
Summary
The High Court considered an anticipatory bail application filed by Krishan Kumar in Crime No.462 of 2023, which involved offences under Sections 420, 406, 447, 504 and 506 of the Indian Penal Code. The applicant feared arrest and had also moved a Section 482 petition to quash the charge sheet and the cognizance order. The State argued that the offences carried a maximum punishment of less than seven years and relied on the Supreme Court guidelines in Satender Kumar Antil (2021). The Court referred to its earlier interim order dated 23.10.2024, which directed that the bail application be decided in accordance with those guidelines. Concluding that no further order was required, the Court dismissed the anticipatory bail application and directed the applicant to apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted in a case involving IPC offences punishable with imprisonment of less than seven years
- Whether the Supreme Court guidelines in Satender Kumar Antil (2021) apply to the present anticipatory bail application
- Whether the earlier interim protection order obviates the need for a fresh anticipatory bail order
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 420, 447, 504, 506
Subjects
- anticipatory bail
- Section 482
- Indian Penal Code
- Supreme Court guidelines
- bail jurisprudence
- quashing charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9643 of 2026
Krishan Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar Gupta, Raghawendra
Singh
Counsel for Opposite Party(s) : 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.462 of 2023, under Sections 420, 406, 447,
504 and 506 of the I.P.C., Police Station – Kotwali, District Ballia, with a
prayer to enlarge him on anticipatory bail, as the applicant apprehends his
arrest in the aforesaid case.
3. The Learned A.G.A. has pointed out that the offences in question, in
the event of a conviction, do not entail punishment of more than seven
years and the interest of the applicant is protected by the guidelines given
by the Supreme Court in Satender Kumar Antil vs. Central Bureau of
Investigation & Another, (2021) 10 SCC 773. The Learned A.G.A. has
further stated that the applicant had also moved an application under
Section 482 No. 35880 of 2024 for quashing the charge sheet and the
cognizance / summoning order and this Court, while granting two weeks
interim protection to the applicant, had passed an order directing the
concerned Court to consider and dispose of the bail application of the
applicant in the light of the directions as provided in Satender Kumar
Antil (supra).
4. I have gone through the order passed by this Court on 23.10.2024 and
in the light of the order so passed, no further order is required to be made
in this application. The applicant may appear and apply for bail.
NABAIL No. 9643 of 2026
2
5. The application is accordingly dismissed.
(Rajiv Lochan Shukla,J.)
September 30, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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