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2026 DAILYLAW 2157 (ALL)

HARISH CHAHAR v. STATE OF U.P. AND 3 OTHERS

CRLP/10180/2026 · 2026-05-04

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10180 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Mithilesh Kumar Gupta, Advocate, holding brief of Mr. Anand Kumar Tiwari, the learned counsel for petitioner and the learned A.G.A. for State-respondents 1, 2 & 3. 2. Perused the record. 3. Petitioner-Harish Chahar has approached this Court by means of present criminal misc. writ petition challenging the FIR dated 20.04.2026 lodged by first informant-respondent-4 Munni Devi and registered as Case Crime No. 0048 of 2026, under Sections 74, 115(2), 333, 351(2), 352 BNS, Police Station-Kagaraul, District-Agra. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1, 2 & 3 submits that the victim i.e. first informant has sustained injuries on her person. As such, prima-facie the occurrence is proved. 5. When confronted with above, the learned counsel for petitioner could not overcome the same. However, after some arguments, the learned counsel for petitioner fairly gave up the prayer prayed for by means of present writ petition. It is, however, contended by the learned counsel for petitioner that in the facts and circumstances of the case, interest of justice shall better be served, in case, the present writ petition is disposed of finally with a direction to Court concerned to decide the bail application of petitioners in the light of law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) Versus Counsel for Petitioner(s) : Anand Kumar Tiwari Counsel for Respondent(s) : G.A. Harish Chahar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 10 SCC 773. 6. Learned A.G.A. for State-respondents 1, 2 & 3 has no objection to the aforesaid prayer made by the learned counsel for petitioner. 7. In view of above, the prayer prayed for by means of present writ petition is refused. 8. Having heard the learned counsel for petitioner, the learned A.G.A. for State-respondents 1, 2 & 3, upon perusal of record and considering the submissions urged by the learned counsel for petitioner, this writ petition shall stand disposed of finally with a direction to Court concerned that in case, petitioner appears before Court below and applies for bail then his bail application shall be decided by Court concerned in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil (Supra). 9. Interim order, if any, stands discharged. May 5, 2026 Vinay CRLP No. 10180 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad