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CDJ 2026 SC 109 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No. 260 of 2026 [@ SLP [Crl.] No. 642 of 2026]
Judges: THE HONOURABLE MR. JUSTICE M.M. SUNDRESH & THE HONOURABLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
Parties : Anil Kumar @ Kashi & Others Versus State of U.P. & Another
Appearing Advocates : For the Petitioners: ----- For the Respondents: -----
Date of Judgment : 13-01-2026
Head Note :-
Indian Penal Code, 1860  - Sections 147, 148, 149, 307, 323, 506, 332, 353, 336 and 427
Judgment :-

1. Leave granted.

2. Learned counsel appearing for the respondent-State accepts notice.

3. The appellants in the present case seek anticipatory bail in connection with FIR NO.320/2020, dated 02.09.2020, registered at Police Station-Sarai Mamrej, District Praygaraj, Uttar Pradesh for the offences punishable under Sections 147, 148, 149, 307, 323, 506, 332, 353, 336 and 427 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932.

4. We have heard the learned counsel appearing for the parties.

5. Inasmuch as two facts are clear from the impugned order, the first being that the charge sheet has been filed in the present case on 17.06.2021, and the matter is pending before the Trial Court. The second fact is, the continued non-cooperation of the appellants, before the Trial Court, since bailable warrants have been issued against them by the Trial Court on 07.06.2024.

6. Suffice it is to state, that the presence of the appellants is not required any more before the concerned Investigating Officer, since the investigation is complete, and the charge sheet has already been filed.

7. This leaves us to the question with respect to the non-cooperation on behalf of the appellants.

8. Learned counsel appearing for the appellants submits that the appellants would henceforth, cooperate with the conduct of the further proceedings, and subsequently, the trial.

9. In such view of the matter, we direct the appellants to be present before the concerned Trial Court on 27th January, 2026 at 10 a.m. for the purposes of the framing of charges and, thereafter, as and when required by the concerned Trial Court.

10. Accordingly, the impugned order is set aside, and the appellants are granted anticipatory bail, on the terms and conditions to the satisfaction of the concerned Trial Court. We further grant liberty to the concerned Trial Court to impose such conditions so as to facilitate the continued cooperation of the appellants in the pending trial.

11. The appeal stands allowed, accordingly.

12. Pending application(s), if any, shall stand disposed of.
 
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