Disposed¶23

Santi Devi and 2 Others v. State of U.P. and 3 Others

Allahabad HC6 Feb 2026CRLP/2063/2026

Case brief

AI extract

What is this about?

FIR challenge abandoned; prayer refused; bail direction per Satender Kumar Antil (2021) 10 SCC 773; BNS Ss. 296, 115(2), 352; SC/ST Act Ss. 3(1)(e), 3(1)(d) (printed as IPC); P.S. Bidhuna, District Auraiya; Case Crime No. 20 of 2026; interim order discharged; amendment of prayer clause; Allahabad High Court; Rajeev Misra and Garima Prashad, JJ.; March 13, 2026.

What did the court decide?

Writ petition disposed of finally with a direction that if the petitioners appear before the court below and apply for bail, the bail application shall be considered in light of Satender Kumar Antil (Supra); interim order, if any, stands discharged; amendment of the prayer clause permitted. ¶23

Santi Devi and 2 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 2063 of 2026

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Santi Devi And 2 Others

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.....Petitioner(s)

¶4

Versus

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State Of U.P. And 3 Others

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.....Respondent(s)

¶7

Counsel for Petitioner(s)	: Harsh Tripathi, Sharad Chand Rai
Counsel for Respondent(s)	: G.A.

¶8

Court No. - 47

¶9

HON'BLE RAJEEV MISRA, J. HON'BLE GARIMA PRASHAD, J.

¶10

Heard Mr. Sharad Chand Rai, the learned counsel for petitioners and the learned A.G.A. for State/respondents-1,2 and 3.

¶11

Perused the record.

¶12

At the very outset, the learned counsel for petitioners submits that due to inadvertence, the charging sections under the SC/ST Act have been transcribed in Hindi. He, therefore, regrets for aforesaid inadvertent mistake which has crept in the prayer clause of this writ petition as well as the stay application. In view of above, the learned counsel for petitioners thus submits that he be permitted to amend the prayer clause of this writ petition as well as the stay application.

¶13

Prayer made by the learned counsel for petitioner is bonafide. Same is not opposed by the learned A.G.A.

¶14

Accordingly, it is allowed.

¶15

Let necessary amendment in the prayer clause of this writ petition as well as stay application during the course of the day be carried out by the learned counsel for petitioners during course of the day.

¶16

Petitioners- Santi Devi And 2 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 12.1.2026 lodged by first informant/respondent-4- Deepkant @ Deepu and registered as Case Crime No. 20 of 2026, under Section 296, 115 (2),

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CRLP No. 2063 of 2026

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¶19

352, BNS and 3 (1)(e), 3(1)(d) IPC, Police Station- Bidhuna, DistrictAuraiya.

¶20

After some arguments, the learned counsel for petitioners fairly gave up the challenge to the impugned FIR. He however 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 petitioners in the light of law laid down by Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) 10 SCC 773 .

¶21

Per contra, the learned A.G.A. for State-respondents 1, 2, 3 does not oppose the equitable submissions urged by the learned counsel for petitioners.

¶22

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

¶23

Having heard the learned counsel for petitioners, the learned A.G.A. representing State/respondnets- 1,2 and 3 upon persual of record and considering the submissions urged by the learned counsel for petitioner as noted herein above, we dispose of this writ petition finally with a direction that in case, petitioner appears before Court below and applies for bail then his bail application shall be considered by Court below in the light of law laid down by Apex Court in the case of Satender Kumar Antil (Supra) .

¶24

Interim order, if any, stands discharged.

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(Garima Prashad,J.) (Rajeev Misra,J.)

¶26

March 13, 2026 Arshad

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

Santi Devi and 2 Others v. State of U.P. and 3 Others

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Santi Devi and 2 Others v. State of U.P. and 3 Others

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