Allahabad High Court
ABRAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The High Court held that the applicants may seek regular bail within four weeks and that no coercive action shall be taken against them during that period, thereby disposing of the anticipatory bail application.
Summary
The petitioners Abrar and another filed an anticipatory bail application under Section 482 of the CrPC. Both the State counsel and the informant's counsel did not oppose the petitioners' request to approach the trial court for regular bail. The High Court directed that the petitioners must appear before the trial court within four weeks to apply for regular bail under Sections 109(1), 115(2), 352 and 351(3) of the IPC, and that their bail application will be considered expeditiously without being influenced by any earlier rejection of the anticipatory bail. The Court also ordered that no coercive action be taken against the petitioners for a period of four weeks. Accordingly, the anticipatory bail application was disposed with these directions.
Issues considered
- Whether the anticipatory bail application can be converted into a regular bail application pending the trial court's decision.
- Whether the High Court can stay any coercive action against the applicants while they seek regular bail.
- Whether observations of the trial court rejecting the anticipatory bail should affect the consideration of the regular bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109(1), 115(2), 351(3), 352
Subjects
- anticipatory bail
- regular bail
- Section 482 CrPC
- coercive action
- bail application
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9967 of 2026
Abrar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Pavan Kumar
Counsel for Opposite Party(s) : G.A., Manish Kumar Pandey
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. After some arguments, Learned counsel for the applicants prays that he
may be permitted to approach the concerned Court for seeking regular
bail. He further prays that for a short time, the interest of the applicants
may be protected.
2. The Learned AGA and Shri Manish Kumar Pandey, Learned counsel
for the informant have no objection to the said prayer.
3. Taking into account the submissions made by the Learned counsel for
the parties, it is directed that in case the applicants appear before the
Court concerned within a period of four weeks from today and apply for
bail in Case Crime No.216/2026, under Sections 109(1), 115(2), 352,
351(3) BNS, Police Station Kiratpur, District Bijnor, their application for
bail shall be considered and disposed of expeditiously, in accordance with
the law, without being influenced by any observations made by the
concerned Court while rejecting the anticipatory bail application of the
applicants.
4. For a period of four weeks from today, no coercive action shall be
taken against the applicants in the aforesaid case.
5. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 30, 2026/A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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