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2052 DAILYLAW 1 (ALL)

MOHAN PRAKASH @ MOHAN MITTAL v. STATE OF U.P. AND 3 OTHERS

CRLP/2052/2026 · 2026-03-17

Lakshmi Kant Shukla, Rajeev Misra

body2052

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 2052 of 2026 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Pawan Kumar Yadav, Advocate, holding brief of Mr. Mohammad Khalid, the learned counsel for the petitioner and the learned A.G.A for the State-respondents-1 to 3. 2. Perused the record. 3. Petitioner-Mohan Prakash @ Mohan Mittal has approached this Court by means of present criminal misc. writ petition challenging the FIR dated 20.12.2025 lodged by first informant-respondent-4 Smt. Sumallika, Supply Inspector, Police Station-Kheragarh, District-Agra and registered as Case Crime No. 236 of 2025, under Section 111(2)(b) BNS and Sections 3/7 of The Essential Commodities Act, Police Station- Kheragarh, District-Agra. 4. After some arguments, the learned counsel for petitioner fairly submits that he does not wish to press the prayer prayed for by means of present writ petition. According to the learned counsel for petitioner, interest of justice shall better be served, in case, a direction is issued by this court to the Jurisdictional Magistrate/Court concerned to decide 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. It is thus urged by the learned counsel for petitioner that present writ petition be disposed of in the light of above. Versus Counsel for Petitioner(s) : Mohammad Khalid Counsel for Respondent(s) : G.A. Mohan Prakash @ Mohan Mittal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Learned A.G.A. for State-respondents 1, 2 and 3 has no objection to the prayer made by the learned counsel for petitioner. 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 concerned 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. March 18, 2026 Vinay CRLP No. 2052 of 2026 2 (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad