Disposed¶18

Jitendra Kumar Prajapati v. State of U.P. and Another

Allahabad HC3 Nov 2025NABAIL/8630/2025

Case brief

AI extract

What is this about?

Anticipatory bail application u/s 482 BNSS, NABAIL No. 8630 of 2025, Allahabad High Court, Nalin Kumar Srivastava J., 03.11.2025; applicant Jitendra Kumar Prajapati; Case Crime no. 217 of 2025, Sections 281, 106 and 106(2) B.N.S./B.N.S.S., Police Station Shivpur, District Varanasi; earlier application rejected by court below as local police 'not engaged in search'; wrong report submitted by police 'due to some confusion'; fresh police report summoned, due 26.11.2025; chargesheet submitted but not filed; offence stated non-bailable, 10 years rigorous imprisonment; matter released to another bench after Chief Justice nomination.

What did the court decide?

It appears that, due to some confusion, the local police submitted a wrong report before the court below; a copy is appended at page no. 29 of the paper book ¶13

Jitendra Kumar Prajapati vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether anticipatory bail should be granted to the applicant in Case Crime no. 217 of 2025 under Sections 281, 106 B.N.S., Police Station Shivpur, District Varanasi (question left undecided at this stage) +1 more

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Court's answer

The matter is released and is to be laid before another bench after seeking nomination from the Hon'ble the Chief Justice

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Ratio / Principle

It appears that, due to some confusion, the local police submitted a wrong report before the court below; a copy is appended at page no. 29 of the paper book

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Key takeaways

A fresh report is to be summoned from the concerned police station on whether the police is still in search of the present accused-applicant for arresting him or notratio¶14
The required report must be submitted before this Court by the next date fixed, i.e., 26.11.2025ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.), decided 03.11.2025 - Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 8630 of 2025, Jitendra Kumar Prajapati v. State of U.P. and Another. The application pertains to Case Crime no. 217 of 2025 under Sections 281, 106 B.N.S., Police Station Shivpur, District Varanasi. Per counsel, the court below had earlier rejected the anticipatory bail application on the ground that the local police is not engaged in search of the applicant; the case was said to have been converted into Section 281/106 B.N.S.S., with the Section 106(2) B.N.S. offence described as not bailable and punishable with 10 years rigorous imprisonment, and a chargesheet stated to be submitted but not filed before the Court. Finding that 'due to some confusion, the local police has submitted a wrong report before the court below' (copy appended at page no. 29 of the paper book), the Judge directed that a fresh report be summoned from the concerned police station on whether the police is still in search of the applicant for arrest, to be submitted before this Court by 26.11.2025, and released the matter to be laid before another bench after seeking nomination from the Hon'ble the Chief Justice. Grant or refusal of anticipatory bail was left open at this stage.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8630 of 2025

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Jitendra Kumar Prajapati

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s) Counsel for Applicant(s) : Rajiv Chowdhury Counsel for Opposite Party(s) : G.A.

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Court No. - 71

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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Heard learned counsel for the applicant, learned AGA for the Staterespondent and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 217 of 2025 under Sections 281, 106 B.N.S., Police StationShivpur, District- Varanasi with the prayer that in the event of arrest, the applicant may be released on bail.

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Learned counsel for the applicant submits that the application for anticipatory bail moved by the present accused-applicant was rejected by the court below on the ground that the local police is not engaged in search of the present accused-applicant, whereas the case was converted into Section 281/106 B.N.S.S. and offence under Section 106(2) B.N.S. Offence is not bailable and punishable with 10 years rigorous imprisonment. It is further submitted that chargesheet has already been submitted in this case, but the same is not filed before the Court.

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In view of the above, it appears that due to some confusion, the local police has submitted a wrong report before the court below. Copy of which has been appended at page no. 29 of the paper book.

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In view of that, let a fresh report be summoned from the concerned police station as to which, whether the police is still in search of the present accused-applicant for arresting him or not.

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