Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 3903 (ALL)

INDRAWATI URF BINDRAWATI DEVI v. STATE OF U.P. AND 3 OTHERS

CRLP/10155/2026 · 2026-05-04

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10155 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Alok Kumar Rai, the learned counsel for petitioner and the learned A.G.A. for State-respondents 1 to 3. 2. Perused the record. 3. Petitioner-Indrawati Urf Bindrawati Devi has approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 04.04.2026 lodged by first informant-respondent-4, Shri Ram and registered as Case Crime No. 153 of 2026, under Sections, 85, 80(2) BNS and 3/4 D.P. Act, Police Station-Geeda, District- Gorakhpur. 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 & 3 does not oppose the equitable submissions urged by the learned counsel for petitioner. 6. In view of above, the prayer prayed for by means of present writ petition is refused. 7. Having heard the learned counsel for the petitioner and the learned Versus Counsel for Petitioner(s) : Alok Kumar Rai, Manoj Kumar Rai Counsel for Respondent(s) : G.A. Indrawati Urf Bindrawati Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) A.G.A. representing State-respondents 1 to 4 and upon perusal of record, However, this writ petition is disposed of finally with a direction that in case, petitioner appears before Court below and apples for bail then his 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), court below shall further guided by the provisions contained in Section 480 BNSS as well as the law laid down by Apex Court in the Case of Kahkashan Kaushar Vs. State of Bihar. 8. State of Bihar. 8. Interim order, if any, stands discharged May 5, 2026 Israr CRLP No. 10155 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad