Vishal Sonkar v. State of U.P. and Another

Allahabad HC3 Nov 2025NABAIL/8930/2025

Case brief

AI extract

What is this about?

Allahabad High Court; anticipatory bail; anticipatory bail application U/S 482 BNSS; Section 35 of B.N.S.S. arrest provisions for offences punishable up to seven years; Sections 76, 115(2), 351(3) of B.N.S.; Case Crime No. 378 of 2025; Police Station Ali Nagar; District Chandauli; Vishal Sonkar; State of U.P.; false implication; no criminal antecedents; apprehension of arrest not genuine; Investigating Officer compliance; prayer refused; application disposed of; Vivek Varma, J.; November 3, 2025.

What did the court decide?

None; the prayer for anticipatory bail is refused and the application stands disposed of. ¶¶18

Vishal Sonkar vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8930 of 2025

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Vishal Sonkar

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Brahma Nand Singh, Vindhavasinee Prasad Pandey Counsel for Opposite Party(s) : G.A.

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Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant as well as Sri S.S. Pandey, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 378 of 2025, under Sections 76, 115(2), 351(3) of B.N.S., Police Station Ali Nagar, District- Chandauli.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case.

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Per contra, learned A.G.A opposed the prayer for anticipatory bail and submits that the investigation is pending in the matter. A prima facie case is made out. Referring to the provisions of Section 35 of B.N.S.S. it is submitted that since offences levelled in the first information report are punishable up to seven years only, the applicant cannot be arrested. An apprehension of arrest shown in the anticipatory bail is not genuine. Thus prayer has been made for rejection of anticipatory bail.

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I have considered the rival submissions raised by learned counsel for the parties.

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In the matter, it is evident from the record that anticipatory bail has been moved for the offences in which the maximum punishment is of seven years.

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NABAIL No. 8930 of 2025

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There is a specific provision under Section 35 of B.N.S.S. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 35 of B.N.S.S. is complied by the Investigating Officer, accused of such offences cannot be arrested.

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Thus keeping in view of the statutory provisions on point of arrest of the accused, the Court is of the opinion that there is no need of anticipatory bail as the applicant cannot be arrested without complying with the provision given in Section 35 of B.N.S.S. Specific provisions under Section 35 of B.N.S.S. have been provided giving protection to the accused persons from arrest in offences punishable up to seven years punishment. Thus, prayer made in the present application is refused.

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With the above observations, the present application stands disposed of.

November 3, 2025

Manish Kr

(Vivek Varma,J.)

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

Vishal Sonkar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vishal Sonkar v. State of U.P. and Another

Case brief

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