HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5533 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Mr. Pankaj Kumar Advocate holding brief of Mr. Yashpal Yadav, the learned counsel for petitioner and the learned A.G.A. representing State- respondents 1 and 2. 2. Perused the record. 3. Petitioner-Suresh Kushwaha has approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 24.11.2025 lodged by first informant-respondent-3, S.I. Vivek Singh and registered as Case Crime No. 779 of 2025, under Sections 229, 233, 237, 246, 318(2), 318(4), 338, 336(3), 340(2) BNS, Police Station-Kasia, District-Kushinagar. 4. Learned counsel for petitioner after some arguments fairly gave up the challenge to the impugned FIR. He, however, submits that interest of justice shall better be served, in case the present writ petition is disposed of finally with a direction to court below to decided the bail application of the petitioner in the light of law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773. 5. Per contra, the learned A.G.A. for State-respondents 1 and 2 submits that he has no objection to the aforesaid submission made by the learned counsel for petitioner. 6. In view of above, the prayer prayed for by means of present writ petition is refused. Versus Counsel for Petitioner(s) : Lalji Yadav, Yashpal Yadav Counsel for Respondent(s) : G.A. Suresh Kushwaha .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) 7. Having heard the learned counsel for petitioner, the learned AG.A. representing 1 and 2 and upon perusal of record, we dispose of this writ petition finally with a direction that in case, petitioner appears before Court below and applies for bail then in such a circumstance, the bail application of petitioner shall be decided by Court below in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil (Supra). 8. Interim order, if any, stands discharged. April 20, 2026 Gaurav CRLP No. 5533 of 2026 2 (Sudhanshu Chauhan,J.) (Rajeev Misra,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad