Allahabad High Court
SULDEEP @ SANDIPversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application was dismissed as not maintainable, with liberty to file a fresh application later.
Summary
The applicant, Suldeep @ Sandip, was implicated in Crime No. 416 of 2026 under Sections 309(4), 238(A), 103(1) and 61(2) of the B.N.S. He filed an anticipatory bail application under Section 482. The State argued that a final report had already been filed on 10‑09‑2026 and the applicant had no apprehension of arrest, rendering the anticipatory bail petition non‑maintainable. The applicant’s counsel conceded the lack of apprehension but requested that the application be dismissed with liberty to file a fresh anticipatory bail petition later if needed. The Court accepted this submission, dismissed the anticipatory bail application, vacated any interim order, and ordered the return of documents to the applicant’s counsel. The decision leaves open the possibility of a fresh bail application at a later stage.
Issues considered
- Whether an anticipatory bail application is maintainable when the investigating agency has already submitted a final report and the applicant does not fear arrest
Legislation cited
- B.N.S. — s. 103(1), 238(A), 309(4), 61(2)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- bail jurisdiction
- final report
- maintainability
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9823 of 2026
Suldeep @ Sandip
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Kumar Pandey, Sunil Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed on behalf of the applicant in
Case Crime No. 416 of 2026, under Sections 309(4), 238(A), 103(1),
61(2) of B.N.S., Police Station - Saraikhwaja, District Jaunpur, with a
prayer to grant him anticipatory bail.
3. At the very outset, learned A.G.A. submits that the final report has been
submitted in the present case on 10.09.2026. The applicant has no
apprehension of his arrest, therefore, the present anticipatory bail
application is not maintainable.
4. On being confronted with this, learned counsel for the applicant
submits that the present anticipatory bail application be dismissed as not
pressed with liberty to file a fresh anticipatory bail application at the
appropriate stage, if so required.
5. With the aforesaid liberty, the present anticipatory bail application is
dismissed.
6. Interim order, if any, stands vacated.
NABAIL No. 9823 of 2026
2
7. Certified copies of relevant documents be returned to the learned
counsel for the applicant after retaining photostat copies of the same.
(Vivek Kumar Singh,J.)
September 29, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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