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2026 DAILYLAW 3128 (ALL)

VIKRAM KUSHWAHA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/10112/2026 · 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. - 10112 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Sunil Kumar Kushwaha, the learned counsel for petitioners and the learned A.G.A. for State-respondents 1, 2 & 3. 2. Perused the record. 3. Petitioners-Vikram Kushwaha And 2 Others have approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 04.03.2026 lodged by first informant-respondent-4, Smt. Chandani Pal and registered as Case Crime No. 112 of 2026, under Sections 109, 115(2), 352, 351(3), 3(5) BNS, Police Station- Orai, District-Jalaun. 4. After some arguments, the learned counsel for petitioners fairly gave up the challenge to the impugned FIR. He submits that interest of justice shall better be served, in case, a direction is issued by this court to Court below to consider 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) 10 SCC 773. 5. Per contra, the learned A.G.A. for State-respondents 1, 2 & 3 does not oppose the equitable submissions urged by the learned counsel for petitioners. 6. In view of above, the prayer prayed for by means of present writ petition is refused. Versus Counsel for Petitioner(s) : Sunil Kumar Kushwaha Counsel for Respondent(s) : G.A. Vikram Kushwaha And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. Having heard, the learned counsel for petitioners, the learned A.G.A. for State-respondents 1, 2 and 3 upon perusal of record, this writ petition is disposed of finally with a direction that in case, petitioners appear before Court below and apply for bail then their bail application 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. May 5, 2026 Israr CRLP No. 10112 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad