Allahabad High Court
BARKAT ALIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted interim protection, directing that if the applicant applies for regular bail within four weeks, the application shall be decided expeditiously and without reference to any prior refusal of anticipatory bail.
Summary
The applicant, Barkat Ali, filed an anticipatory bail application under Section 482 of the CrPC and Sections 2(b)(xv) and 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986, fearing arrest in Crime No.113 of 2026. He sought interim protection to appear before the trial court and apply for regular bail. The State’s Additional Government Advocate raised no objection to the prayer. The High Court allowed the applicant’s request, directing that he must appear before the concerned court within four weeks and file a regular bail application, which shall be decided expeditiously and without being influenced by any earlier refusal of anticipatory bail by the Sessions Court. The court also ordered that no coercive action be taken against the applicant for the 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 and the U.P. Gangsters Act.
- Whether the applicant should be given interim protection to appear before the trial court and apply for regular bail.
- Whether observations of the Sessions Court refusing anticipatory bail should affect the consideration of a regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 — s. 2(b)(xv), 3(1)
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- U.P. Gangsters Act
- interim protection
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9703 of 2026
Barkat Ali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Kumar Mishra, Ganesh Mani
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.113 of 2026, under Sections 2(b)(xv), 3(1) of
the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986,
Police Station – Tahbarpur, District Azamgarh, 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. 9703 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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