Poonam Bharti Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Poonam Bharti Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of finally with a direction that on the petitioner appearing before the Court below and applying for bail, the bail application shall be decided in the light of the law laid down by the Apex Court in Satender Kumar Antil (2021) 10 SCC 773; the principal prayer challenging the FIR was refused and interim order, if any, stands discharged.

Issue for consideration

Whether the challenge to the FIR dated 11.4.2026 (Case Crime No. 78 of 2026, Section 105 BNS, Police Station Ubhaon, District Ballia) should succeed +1 more

Court's answer

The principal prayer in the writ petition (challenge to the FIR) is refused, the challenge having been fairly given up by learned counsel for the petitioner.

Ratio / Principle

The writ petition is disposed of finally with a direction that if the petitioner appears before the Court below and applies for bail, the bail application shall be decided by the Court below in the light of the law laid down by the Apex Court in Satender Kumar Antil (Supra).

Key takeaways

Interim order, if any, stands discharged.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra and Padam Narain Mishra, JJ.) disposed of a criminal misc. writ petition by Poonam Bharti challenging an FIR dated 11.4.2026 registered as Case Crime No. 78 of 2026 under Section 105 BNS at Police Station Ubhaon, District Ballia, on the complaint of first informant/respondent-3 Sonu Kumar. After arguments, learned counsel for the petitioner gave up the challenge to the FIR and sought instead a direction that the petitioner's bail application be considered in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773; the learned A.G.A. did not oppose. The Court refused the principal prayer, disposed of the writ petition with a direction that if the petitioner appears before the Court below and applies for bail, the bail application shall be decided in the light of the law laid down in Satender Kumar Antil (Supra), and discharged any interim order.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10175 of 2026

Poonam Bharti

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Farzana Jamal, Shashi Kant
Counsel for Respondent(s)	: G.A.

Court No. - 49

HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J.

Heard Mr. Farzan Jamal, the learned counsel for petitioner and the learned A.G.A. for State/respondents- 1,2.

Perused the record.

Petitioner- Poonam Bharti has approached this Court by means of present criminal misc. writ petition challenging the FIR dated 11.4.2026 lodged by first informant/respondent-3- Sonu Kumar and registered as Case Crime No. 78 of 2026, under Section 105 BNS, Police Station- Ubhaon, District- Ballia

After some arguments, the learned counsel for petitioner fairly gave up the challenge to the impugned FIR. He submits that interest of justice shall better be served, in case, a direction is issued by this court to Court below to consider 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 .

Per contra, the learned A.G.A. for State-respondents 1, 2 does not oppose the equitable submissions urged by the learned counsel for petitioners.

In view of above, the prayer prayed for by means of present writ petition is refused.

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 below in the light of the law laid down by Apex Court in the case of Satender Kumar Antil (Supra).

CRLP No. 10175 of 2026

2

Interim order, if any, stands discharged.

May 5, 2026 Arshad

(Padam Narain Mishra,J.) (Rajeev Misra,J.)

Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad