Allahabad High Court
RAJ KISHORversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that anticipatory bail may be granted conditionally, allowing the applicant four weeks to appear and apply for regular bail, with a stay on any coercive action during that period.
Summary
The applicant filed an anticipatory bail application under Sections 191(2), 190, 191(3), 351(2), 109(1) and 115(2) of the B.N.S., 2023, fearing arrest in a criminal case. The counsel sought interim protection to appear before the trial court and apply for regular bail, and the State’s Additional Government Advocate raised no objection. The High Court allowed the prayer, directing that the applicant must appear within four weeks to seek regular bail and that no coercive action be taken against him during that period. The court further ordered that the regular bail application be decided expeditiously and not be influenced by any earlier refusal of anticipatory bail. The anticipatory bail application was therefore disposed with the conditional protection granted.
Issues considered
- Whether the applicant is entitled to anticipatory bail under the provisions of the B.N.S., 2023.
- Whether the court may impose conditions, including a four‑week period to apply for regular bail and a stay on coercive action, when granting anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 190, 191(2), 191(3), 351(2)
Subjects
- anticipatory bail
- regular bail
- conditional bail
- high court
- criminal procedure
- Section 482
- B.N.S. 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9697 of 2026
Raj Kishor
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhiraj Kumar Pandey
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.235 of 2026, under Sections 191(2), 190,
191(3), 351(2), 109(1) and 115(2) of the B.N.S., 2023, Police Station –
Thanabhawan, District Shamli, 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
Court while refusing to grant anticipatory bail to the applicant.
NABAIL No. 9697 of 2026
2
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 18, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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