Allahabad High Court
Nittharam And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 10 October, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:62775
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1131 of 2025
Nittharam And Another
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Prashant Kumar Mishra, M.K. Dixit
Counsel for Opposite Party(s)
:
G.A.
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present anticipatory bail application has been filed by the applicants in relation to Case No.4581 of 2016 (State Vs. Keshav & others) (Old Case No.3180 of 2006), Range Case No.28/2003-04, under Sections 26/63 of Bhartiya Van Adhiniyam, Range - Sharda Nagar, District - Lakhimpur Kheri.
3. Considering the facts of the case as also the punishment provided for the offence under Sections 26/63 of Bhartiya Van Adhiniya and also the observations made by the Hon'ble Apex Court passed in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, without observing anything on merits, the present application is disposed of with liberty to the applicants to prefer an application seeking bail which shall be decided most expeditiously in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra).
4. The Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 has observed as under :- "3. We are inclined to accept the guidelines and make them a part of the order of the Court for the benefit of the Courts below. The guidelines are as under: "Categories/Types of Offences A) Offences punishable with imprisonment of 7 years or less not falling in category B & D. B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years. C) Offences punishable under Special Acts containing stringent provisions for bail likeNDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc. D) Economic offences not covered by Special Acts. Requisite Conditions 1) Not arrested during investigation. 2) Cooperated throughout in the investigation including appearing before Investigating Officer whenever called. (No need to forward such an accused along with the chargesheet (Siddharth v. State of UP, 2021 SCC OnLine SC 615) CATEGORY A After filing of chargesheet/complaint taking of cognizance a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer. b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued c) NBW on failure to failure to appear despite issuance of Bailable Warrant. d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing. e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided. CATEGORY B/D On appearance of the accused in Court pursuant to process issued bail application to be decided on merits. CATEGORY C Same as Category B & D with the additional condition of compliance of the provisions of Bail under NDPS S. 37, 45 PMLA, 212(6) Companies Act 43 d(5) of UAPA, POSCO etc."
5. With the aforesaid observations, the present application is disposed of.
(Saurabh Lavania,J.)
October 10, 2025
ML/-
