Allahabad High Court
SOMESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court disposed of the anticipatory bail application, directing the applicant to seek regular bail within four weeks and staying any coercive action in the interim.
Summary
The applicant, Somesh Kumar, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with offences under Sections 318(4), 351(2) and 352 of the B.N.S. The learned Additional Government Advocate (A.G.A.) objected, arguing that the applicant had no apprehension of arrest because a charge‑sheet had already been filed and the offences carried a maximum imprisonment of less than seven years. The applicant’s counsel invoked the Supreme Court’s directions in Satender Kumar Antil v. CBI (2021) 10 SCC 773 to protect the applicant’s interest. The court, agreeing with the A.G.A.’s lack of objection to a regular bail application, directed the applicant to appear before the Sessions Court within four weeks and apply for regular bail, with the bail to be decided in accordance with the Satender Kumar Antil precedent. The court also ordered that no coercive action be taken against the applicant for a period of four weeks and disposed of the anticipatory bail application.
Issues considered
- Whether anticipatory bail is warranted when a charge‑sheet has been filed and the alleged offences do not attract imprisonment of more than seven years.
- Whether the Supreme Court’s directions in Satender Kumar Antil v. CBI are applicable to stay coercive action pending a regular bail application.
- Whether the applicant should be directed to seek regular bail and be protected from coercive measures during that period.
Legislation cited
- B.N.S. — s. 318, 351, 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- regular bail
- coercive action
- Supreme Court precedent
- charge sheet
- imprisonment less than seven years
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9858 of 2026
Somesh Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinay Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Learned A.G.A. has raised an objection stating that the applicant has no
apprehension of arrest as charge sheet, in the present case, has been filed
for offences under Sections 318(4), 351(2) and 352 of the B.N.S. and
none of the offences in the event of conviction entail an imprisonment of
more than seven years. The applicant's interest is protected by the
directions given by the Supreme Court in Satender Kumar Antil vs.
Central Bureau of Investigation & Another, (2021) 10 SCC 773.
2. On such an objection being raised, the Learned counsel for the
applicant prays that the applicant may be permitted to appear before the
concerned Court and apply for regular bail, which may be directed to be
decided in accordance with the direction given by the Hon'ble Supreme
Court in Satender Kumar Antil (supra) and in the meantime his interest
may be protected.
3. The Learned A.G.A. has no objection to the said prayer.
4. Taking into account the submissions made by the learned counsel for
the parties, it is directed that in case the applicant appears in Case Crime
No.233 of 2026, under Sections 318(4), 351(2) and 352 of the B.N.S.,
P.S. Cantt, District Varanasi, before the Court concerned within a period
of four weeks from today and applies for bail, the same shall be
considered and disposed of, expeditiously, in accordance with direction
given by the Hon'ble Supreme Court in Satender Kumar Antil (supra)
NABAIL No. 9858 of 2026
2
and the subsequent orders passed therein, without being influenced by any
observations made by the concerned Sessions Judge while rejecting the
anticipatory bail application of the applicant.
5. For a period of four weeks from today, no coercive action shall be
taken against the applicant.
6. 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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