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2026 DAILYLAW 6853 (ALL)

KARAN AND ANOTHER v. STATE OF U.P.

NABAIL/9419/2026 · 2026-09-10

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9419 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, the Learned counsel for the applicants and the Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 419 of 2026, under sections, 110, 351(3) B.N.S., Police Station- Jahangirabad, District-Bulandshahr, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the above-mentioned case. 3. At the very outset, the Learned A.G.A. has raised an objection regarding the maintainability of the instant application by submitting that the applicants do not apprehend their arrest as the offences that have been alleged against the applicants do not entail in the event of a conviction, a punishment of more than seven years. He further contends that appropriate protection has been provided in the BNSS itself in the form of Section 35(3) BNSS and the judgments passed by the Supreme Court in the cases of Arnesh Kumar vs. State of Bihar and Anr. 2014 (8) SCC 273, Mohd. Asfak Alam vs. State of Jharkhand and anr. (2023) 8 SCC 63 and Satender Kumar Antil Vs. Central Bureau of Investigation reported in 2026 INSC 115 also safeguard the interest of the applicants. 4. Upon being confronted with the objection raised by the learned A.G.A., the Learned counsel for the applicants failed to satisfactorily meet the Versus Counsel for Applicant(s) : Ashish Srivastava Counsel for Opposite Party(s) : G.A. Karan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) same. 5. Taking into consideration the entire facts and circumstances of the case, it would be appropriate to dispose of the present application with a direction to the Investigating Officer to strictly comply with the directions issued by the Supreme Court in Arnesh Kumar (supra), Mohd. Asfak Alam (Supra) and Satender Kumar Antil (Supra) while conducting the investigation in the above-mentioned case. 6. The application stands disposed of. September 11, 2026 Sartaj NABAIL No. 9419 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad