Disposed¶21

Shivesh Alias Bholu Pandey and 2 Others v. State of U.P. and 3 Others

Allahabad HC19 Apr 2026CRLP/5522/2026

Case brief

AI extract

What is this about?

FIR challenge refused; writ petition disposed with bail direction per Satender Kumar Antil (2021) 10 SCC 773; offences under sections 115(2), 352, 351(3) BNS and Section 67 I.T. Act; section 117 (2) BNSS added subsequently; injury to one person; Case Crime No. 102 of 2026; Police Station Dhanghata; District Sant Kabir Nagar; interim order discharged; Allahabad High Court, decision dated April 20, 2026.

What did the court decide?

Prayer for interference with the FIR refused; writ petition disposed of finally with a direction that the petitioner's bail application, if filed after appearance before the Court below, be decided in the light of Satender Kumar Antil (Supra); interim order, if any, discharged. ¶21

Shivesh Alias Bholu Pandey and 2 Others Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. WRIT PETITION No. - 5522 of 2026

¶3

Shivesh Alias Bholu Pandey And 2 Others

¶4

.....Petitioner(s)

¶5

Versus

¶6

State Of U.P. And 3 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Bashisth Narain Pandey
Counsel for Respondent(s)	: G.A.

¶9

Court No. - 49

¶10

HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J.

¶11

Heard Mr. Ankit Srivastava, the learned counsel for petitioners and the learned A.G.A. for State/respondents.

¶12

Perused the record.

¶13

Petitioner- Shivesh Alias Bholu Pandey And 2 Others have approached this Court by means of present criminal misc. writ petition challenging the F.I.R. dated 27.2.2026, lodged by first informant Urmila Devi and registered as Case Crime No. 102 of 2026, under sections 115(2), 352, 351(3) BNS and Section 67 I.T. Act, Police Station- Dhanghata, District- Sant Kabir Nagar.

¶14

On the matter being taken up, the learned A.G.A. for State/respondents1,2,3 submits that section 117 (2) BNSS has also been added subsequently. On the above premise, the learned A.G.A. thus submits that one person has sustained injury in the incident giving rise to present writ petition. As such no interference is warrranted by this Court in present writ petition, as occurrence is now prima facie proved to have happened.

¶15

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 petitioner 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 .

¶16

Per contra, the learned A.G.A. for State-respondents 1, 2, 3 does not oppose

¶17

CRLP No. 5522 of 2026

¶18

¶19

the equitable submissions urged by the learned counsel for petitioners.

¶20

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

¶21

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).

¶22

Interim order, if any, stands discharged.

¶23

April 20, 2026 Arshad

¶24

(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)

¶25

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

Shivesh Alias Bholu Pandey and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shivesh Alias Bholu Pandey and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dhanprasad vs State of U.P. and 4 Others

Sanjeev Kumar and 7 Others vs State of U.P. and 3 Others

Prem Narayan vs State of U.P. and 3 Others

Vikas Chaudhary Vs State of Up and 2 Others

Ram Bharosi and 5 Others Vs State of U.P. and 3 Others

Dhanprasad Vs State of U.P. and 4 Others