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2026 DAILYLAW 3742 (ALL)

VIVEK AND 7 OTHERS v. THE STATE OF UP AND 2 OTHERS

CRLP/10130/2026 · 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. - 10130 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Vipin KUmar, the learned counsel for petitioners and the learned A.G.A. for State/respondents- 1,2. 2. Perused the record. 3. Petitioners- Vivek And 7 Others has approached this Court by means of present criminal misc. writ petition challenging the FIR dated 22.3.2026 lodged by first informant/respondent-3- Sonu and registered as Case Crime No. 185 of 2026, under Section 353(3) and 3(5) BNS, Police Station- Kasganj, District- Kasganj 4. After some arguments, the learned counsel for petitioner 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 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, 2 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. 7. However, this writ petition is disposed of finally with a direction that in case, petitioner appears before Court below and applies for bail then his bail application shall be decided by Court below in the light of the law laid down Versus Counsel for Petitioner(s) : Jai Kishan, Vipin Kumar Counsel for Respondent(s) : G.A. Vivek And 7 Others .....Petitioner(s) The State Of Up And 2 Others .....Respondent(s) by Apex Court in the case of Satender Kumar Antil (Supra). 8. Interim order, if any, stands discharged. May 5, 2026 Arshad CRLP No. 10130 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad