CHAMANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 10027 of 2026

Chaman
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Atul Kumar Singh, Lal Prabhakar
                                Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 120 of 2026, under Sections 308(5), 190,
191(2), 191(3), 351(3) and 126 of the B.N.S., 2023, Police Station –
Junawai, District Sambhal, with a prayer to enlarge him on anticipatory
bail, as the applicant apprehends his arrest in the aforesaid case.

3. Learned counsel for the applicant has contended that the applicant has
been falsely implicated in the present case. The allegation is that the
named accused Ankit @ Jitendra and Awadhesh alias Updesh along with
ten to fifteen unknown persons surrounded the informant and on gun
point demanded rupees one lakh. The Learned counsel for the applicant
states that the allegation in the FIR is of the nearby people coming on the
spot on the cries of the informant, after which the accused persons ran
away firing in the air. The Learned counsel for the applicant contends that
a perusal of the FIR would clearly indicate that no offence under Section
308(5) of the BNS is made out. Section 308(5) B.N.S. has been
introduced in the FIR only to increase the gravity of the offence and give
an excuse to the police to falsely arrest persons of their choosing. The
applicant is not a member of any gang and he has no criminal antecedents.

4. Learned A.G.A. has opposed the prayer for bail but does not dispute
the fact that the applicant does not have any criminal antecedents. The
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Learned A.G.A. has stated that non-bailable warrants are pending
execution against the applicant and being an absconder, he may not be
considered for grant of anticipatory bail.

5. I have considered the submissions made by the Learned counsel for the
parties.

6. In the prima facie opinion of the Court, from the perusal of the FIR,
which was lodged for offences under Sections 308(5), 190, 191(2),
191(3), 351(3) and 126 of the BNS, no offence under Section 308(5) of
the BNS is made out. The contention of the applicant, who has not been
reported to have any criminal antecedents, of the police increasing the
gravity of the offence alleged only to falsely implicate persons cannot be
ruled out. Presently there does not appear to be any material against the
applicant except the confessional statement of the named co-accused.

7. As in the prima facie opinion of the Court, no case under Section
308(5) of the BNS is made out and the applicant was not named in the
FIR, a prima facie case for grant of anticipatory bail is made out.

8. The anticipatory bail application of the applicant is allowed.

9. In the event of the arrest of the applicant- Chaman, involved in the
aforesaid case crime, he shall be released on anticipatory bail, on his
furnishing a personal bond and surety in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned, with the following conditions:-

i. The applicant shall make himself available for interrogation by a police
officer as and when required;

ii. The applicant shall not, directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer;

iii. The applicant shall not leave India without the previous permission of
the Court;

iv. The applicant shall not pressurize/intimidate the prosecution witness;

10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
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                                    11. It is made clear that observations made hereinabove are exclusively
                                    for deciding the instant anticipatory bail application and are not to be
                                    considered to be an opinion on the merits of the case.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    October 1, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad