JITENDRA SHARMAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 10028 of 2026

Jitendra Sharma
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                            :    Vipul Shukla
Counsel for Opposite Party(s)                       :    G.A.

Court No. - 72
                  HON'BLE VIVEK KUMAR SINGH, J.

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

2. The present application has been filed on behalf of the applicant in Case
Crime No. 197 of 2026, under Sections 111(3), 318(4), 61(2), 336(3), 338,
340(3) BNS, Police Station Trans Yamuna, District Agra with a prayer to
grant him anticipatory bail.

3. Learned counsel for the applicant submits that the applicant is absolutely
innocent and has been falsely implicated in the present case. He has nothing
to do with the alleged offence in spite of that the police are trying to arrest
the applicant. The applicant is not nominated in the first information report
dated 31.5.2026, which was lodged against the co-accused Sachin only.
During the course of investigation, the applicant was also made accused by
the victim of the present case. It was not made clear by the victim as to why
the name of the applicant was not mentioned in the first information report
though it was lodged after a long delay. The case of the applicant is
distinguishable from the case of the other co-accused Sachin against whom
charge-sheet has already been submitted. The criminal antecedent of one
case has been explained in paragraph 19 to the affidavit. Learned counsel for
the applicant further submits that the applicant undertakes to cooperate
during investigation and trial and shall appear as and when required by the
Investigating Agency or the Court concerned. It has also been stated that, in
case the applicant is granted anticipatory bail, he shall not misuse the liberty
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                                 2


of bail, shall cooperate with the investigation, and shall abide by all the
conditions that may be imposed by the Court.

4. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail, however, he does not dispute the factual aspect.

5. I have heard the rival submissions of both sides and perused the record.

6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,
(2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an
application for grant of anticipatory bail, the court has to consider the nature
of the offence, the role of the person, the likelihood of his influencing the
course of investigation, or tampering with evidence including intimidating
witnesses, likelihood of fleeing justice, such as leaving the country, etc. It
has further been held that Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the role
attributed to the applicant, and the facts of the case, while considering
whether to grant anticipatory bail, or refuse it. Whether to grant or not is a
matter of discretion.

7. In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme
Court Cases 676, the Hon'ble Apex Court has held that personal liberty is
an important aspect of our constitutional mandate. The occasion to arrest an
accused during investigation arises when custodial investigation becomes
necessary or it is a heinous crime or where there is a possibility of
influencing the witnesses or accused may abscond. Merely because an arrest
can be made because it is lawful does not mandate that arrest must be made.
A distinction must be made between the existence of the power to arrest and
the justification for exercise of it. If arrest is made routine, it can cause
incalculable harm to the reputation and self-esteem of a person. If the
Investigating Officer has no reason to believe that the accused will abscond
or disobey summons and has, in fact, throughout cooperated with the
investigation, then there is no compulsion on the officer to arrest the
accused.

8. Considering the settled principle of law regarding anticipatory bail,
submissions of the learned counsel for the parties, nature of accusation, role
of applicant and all attending facts and circumstances of the case, without
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                                                                    3


                                    expressing any opinion on merits, a case for anticipatory bail is made out.

                                    9. Accordingly, the anticipatory bail application is allowed with following
                                    directions:-

                                    (i) In the event of arrest of the applicant-Jitendra Sharma involved in
                                    aforesaid case shall be released on anticipatory bail till the conclusion of
                                    trial, on his furnishing a personal bond of Rs.50,000/- with two sureties each
                                    of the like amount to the satisfaction of the Station House Officer of the
                                    police station concerned or to the court concerned;

                                    (ii) The applicant shall co-operate with the Investigating Officer during
                                    investigation and shall report to the Investigating Officer as and when
                                    required for the purpose of conducting investigation;

                                    (iii) 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;
                                    and

                                    (iv) The applicant shall not leave India without the previous permission of
                                    the Court.

                                    10. In default or misuse of any of the conditions, the Public Prosecutor/
                                    Investigating Officer/ first informant-complainant is at liberty to file
                                    appropriate application for cancellation of anticipatory bail granted to the
                                    applicant, before the concerned court.



                                                                                        (Vivek Kumar Singh,J.)
                                    October 1, 2026
                                    Lalit Shukla




Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad