Guljar Anwar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Guljar Anwar vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to move for regular bail before the learned Court concerned; that Court to consider and decide the application in accordance with the law laid down in Satendra Kumar Antil (2021 SCC Online SC 922), without insisting on the physical custody of the applicant.

Issue for consideration

Maintainability of the anticipatory bail application under Section 482 BNSS sought in Case Crime No. 144 of 2024 (Sections 323 and 67 of the IT Act), given that for a first offender the maximum punishment under Section 67 of the IT Act is three years and, per Section 77B of the IT Act, offences punishable up to three years are bailable.

Court's answer

For the first offender, the maximum punishment under Section 67 of IT Act is 3 years and, as per provisions of Section 77B of the IT Act, offences punishable up to 3 years are bailable.

Ratio / Principle

In view of the above, the anticipatory bail application is not maintainable.

Key takeaways

The application is disposed of with direction giving liberty to the applicant to move for regular bail before the learned Court concerned.ratio¶14
The learned Court concerned shall consider and decide the regular bail application in accordance with the law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2021 SCC Online SC 922), without insisting on the physical custody of the applicant.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail – Maintainability – Application u/s 482 BNSS (No. 8574 of 2025) by Guljar Anwar in Case Crime No. 144 of 2024, Sections 323 and 67 of the IT Act, P.S. Auraiya, District Auraiya – Court observed that for the first offender the maximum punishment under Section 67 of the IT Act is three years and, as per Section 77B of the IT Act, offences punishable up to three years are bailable – Accordingly, the anticipatory bail application held not maintainable – Application nonetheless disposed of with liberty to move for regular bail before the learned Court concerned, which shall decide it in accordance with the law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922, without insisting on the physical custody of the applicant (Jitendra Kumar Sinha, J.; decided November 3, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8574 of 2025

Guljar Anwar

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Anand Pati Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Anand Pati Tiwari, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the material on record.

The present application has been moved seeking anticipatory bail in Case Crime no. 144 of 2024, under Section 323 and Section 67 of IT Act, Police Station Auraiya, District Auraiya, with the prayer that in the event of arrest, applicant may be released on bail.

At the very outset, it has come to the notice of the Court that for the first offender, the maximum punishment under Section 67 of IT Act is 3 years and as per provisions of Section 77B of the IT Act, offences punishable up to 3 years are bailable.

In view of the above, the anticipatory bail application is not maintainable.

On the other hand, learned counsel for the applicant submits that the learned Sessions Court has entertained the application on merits and it has been rejected.

Considering the above facts and circumstances of the case, the application is disposed of with direction to give liberty to the applicant to move application before the learned Court concerned for regular bail and the learned Court concerned shall consider and decide the application of the applicant in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922

NABAIL No. 8574 of 2025

2

without insisting on the physical custody of the applicant.

With the above directions, the anticipatory bail application u/s 482 BNSS stands disposed of.

November 3, 2025 RKM

(Jitendra Kumar Sinha,J.)

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad