ALATMASH MALIK @ KURBAN v. STATE OF U.P. AND ANOTHER
NABAIL/10230/2026 · 2026-09-29
Vivek Kumar Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10157 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10157 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10230 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and the 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 250 of 2025, under Sections 353(2) of BNS and Section 66 of I.T. Act, Police Station Charthawal, District Muzaffarnagar, with a prayer to enlarge him on anticipatory bail as the applicant apprehend his arrest in the above-mentioned case.
3. At the very outset, the learned A.G.A. has raised an objection regarding the maintainability of the instant application by submitting that the applicant does not apprehend his arrest as the offences that have been alleged against the applicant do not entail in the event of a conviction, a punishment of more than seven years. He further contends that appropriate protection has been provided in the BNSS itself in the form of Section 35(3) BNSS and the judgments passed by the Supreme Court in the cases of Arnesh Kumar vs. State of Bihar and Anr., 2024 (8) SCC 273 and Mohd. Asfak Alam vs. State of Jharkhand and anr., (2023) 8 SCC 632 also safeguard the interest of the applicant.
4. Upon being confronted with the objection raised by the learned A.G.A., the learned counsel for the applicant failed to satisfactorily meet the same.
5. Taking into consideration the entire facts and circumstances of the case, it Versus Counsel for Applicant(s) : Amit Rai, Gaurav Singh Counsel for Opposite Party(s) : G.A. Alatmash Malik @ Kurban .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
would be appropriate to dispose of the present application with a direction to the Investigating Officer to strictly comply with the directions issued by the Supreme court in Arnesh Kumar (supra) and Mohd. Asfak Alam (supra) while conducting the investigation in the above-mentioned case.
6. The application stands disposed of. September 30, 2026 A.P. Pandey NABAIL No. 10230 of 2026 2
(Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad