Allahabad High Court

ANANDversusSTATE OF U.P.

Decided: 13 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted bail to the applicant, finding a prima facie case for release.

Summary

The High Court considered a bail application filed by Anand, who was arrested on 29 March 2026 in connection with a case under Sections 351(2), 352, 115(2) and 109(1) of the B.N.S. The applicant claimed false implication, asserting that affidavits from the injured party and the informant denied his presence at the incident, while the prosecution alleged he assaulted the victim with a knife. The court examined the affidavits, the lack of any specific role assigned to the applicant in the FIR, and his clean criminal record. Finding that the affidavits created a prima facie case for bail and that the investigation was still pending, the court concluded that bail was appropriate. Consequently, the court ordered the applicant’s release on bail subject to a personal bond, two reliable sureties, and standard conditions such as non‑tampering with evidence and regular court appearances.

Issues considered

Whether the applicant is entitled to bail despite being named in the FIR for alleged assault with a knife
Whether the affidavits denying the applicant's presence create a prima facie case for bail
Whether the pending investigation and lack of criminal antecedents justify granting bail

Legislation cited

B.N.S. — s. 109(1), 115(2), 351(2), 352

Subjects

bail
false implication
criminal procedure
prima facie case
sureties
court conditions
investigation pending

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16514 of 2026

Anand
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Jyoti Agrawal, Nitin Kumar Agrawal
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 51 of 2026, under Sections 351(2),
352, 115(2), 109(1) of B.N.S., Police Station- Anoopshahr, District-
Bulandshahr.

3. The Learned counsel for the applicant has contended that the
applicant has been falsely implicated in the present case. The applicant is
although named in the F.I.R., no specific role has been given to him. The
injured during investigation have filed their affidavits before the Deputy
Superintendent of Police, Bulandshahr, clearly denying the presence of
the applicant at the place of incident. The applicant has no criminal
antecedents and he is in jail since 29.3.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant is named in the F.I.R.
The role of applicant is of assaulting the injured Priyanshu, using a knife.
The injured in their statements have also assigned the role of using a knife
to the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The applicant is in jail since 29.3.2026. The investigation is said to be
BAIL No. 16514 of 2026
2

pending. The injured and the informant have both filed their affidavits,
claiming that the applicant was not present at the spot.

7. Taking into account the entire facts and circumstances of the case and
the fact that the injured and the informant have both filed their affdiavits
and have denied the presence of the applicant without resiling from the
prosecution version, prima facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Anand, involved in above mentioned case
crime number be released on bail, on his executing a personal bond and
two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

13. The observations made hereinabove are exclusively for deciding the
BAIL No. 16514 of 2026
3

instant bail application and are not to be considered to be an opinion on
the merits of the case.

(Rajiv Lochan Shukla,J.)
May 14, 2026
Vandana

Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad

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