Allahabad High Court
NABAIL/10168/2026 of CHANDAN SHAH Vs STATE OF U.P. AND ANOTHER on 6 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10168 of 2026 Court No. - 71 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10168 of 2026
Court No. - 71
HON'BLE VIVEK KUMAR SINGH, J.
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1. Heard learned counsel for the applicant and the learned A.G.A. for the State.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.166 of 2026, under Sections 319(2), 318(4) of B.N.S., Police Station-Belipar, District Gorakhpur, with a prayer to enlarge him on anticipatory bail as the applicant apprehend his 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 applicant does not apprehend his arrest as the offences that have been alleged against the applicant 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., 2024 (8) SCC 273 and Mohd. Asfak Alam vs. State of Jharkhand and anr., (2023) 8 SCC 632 also safeguard the interest of the applicant.
4. Upon being confronted with the objection raised by the learned A.G.A., the learned counsel for the applicant failed to satisfactorily meet the same.
5. Taking into consideration the entire facts and circumstances of the case, it Versus Counsel for Applicant(s) : Sanjay Tiwari Counsel for Opposite Party(s) : G.A. Chandan Shah .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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) and Mohd. Asfak Alam (supra) while conducting the investigation in the above-mentioned case.
6. The application stands disposed of. October 7, 2026 Radhika NABAIL No. 10168 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad