Allahabad High Court
AMARJEET (MINOR)versusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court allowed the anticipatory bail application of the minor applicant.
Summary
The High Court of Allahabad entertained an anticipatory bail application under Section 482 of the B.N.S. on behalf of Amarjeet, a minor aged about fifteen years, who was named in an FIR alleging assault along with several other accused. The applicant contended false implication and highlighted his minority and lack of prior criminal record, while the State opposed bail but did not dispute his age. The court noted that similarly situated co‑accused had already been granted anticipatory bail in related applications and observed that the injuries to police were not life‑threatening. Considering the applicant's minority, clean antecedents, and the nature of the allegations, the court allowed the anticipatory bail with standard conditions. The order directed immediate release upon arrest on furnishing a personal bond and surety, subject to compliance with conditions such as cooperation with police interrogation and no tampering with witnesses.
Issues considered
- Whether a minor accused of offences under Sections 191, 126, 109, 352, 121, 132, 125, 125-A, 125-B of the B.N.S. and Section 7 of the Criminal Law Amendment Act is entitled to anticipatory bail under Section 482.
- Whether the applicant's age, lack of criminal antecedents, and the nature of the alleged assault justify the grant of anticipatory bail.
- Whether the applicant poses a risk of influencing witnesses or obstructing investigation.
Legislation cited
- B.N.S. — s. 109(1), 121(1), 121(2), 125, 125-A, 125-B, 126(2), 132, 191(1), 191(3), 352
- Code of Criminal Procedure — s. 482
- Criminal Law Amendment Act — s. 7
Subjects
- anticipatory bail
- minor
- Section 482
- false implication
- bail conditions
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10104 of 2026
Amarjeet (Minor)
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mritunjay Kumar Singh, Nitin Anand, Om
Prakash Prajapati, Poonam Maurya,
Pradeep Kumar, Vivek Coleston
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State
and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.155 of 2026, under Sections 191(1), 191(3),
126(2), 109(1), 352, 121(1), 121(2), 132, 125, 125-A, 125-B of the B.N.S. and
Section 7 of Criminal Law Amendment Act, P.S.- Cholapur, District- Varanasi,
with a prayer to enlarge him on anticipatory bail as the applicant apprehends
his arrest in the above-mentioned case.
3. The Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant is a minor aged about
fourteen years, nine months and seventeen days. The applicant has been
nominated in the first information report with ten other named accused and
forty to fifty unknown persons. General allegations of assault have been made
in the FIR. The police which is said to have been assaulted by a mob has
indiscriminately nominated the accused. Similarly situated co-accused Smt.
Sukha Devi, Smt. Sageena , Minor Sanjit @ Prashant Kumar, Rajan and
Sajan have been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7597 of 2026,
7811 of 2026, 8049 of 2026 and 8060 of 2026 respectively. None of the
injuries received by the police personnel could be stated to be dangerous to
life. The applicant has a criminal history of one other case in which the
applicant is on anticipatory bail.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail,
however, does not dispute the age of the applicant.
NABAIL No. 10104 of 2026
2
5. I have considered the submissions made by the Learned Counsel for the
parties.
6. General role has been given to the applicant. Similarly situated co-accused
Smt. Sukha Devi, Smt. Sageena , Minor Sanjit @ Prashant Kumar, Rajan and
Sajan have been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7597 of 2026,
7811 of 2026, 8049 of 2026 and 8060 of 2026 respectively. The applicant is a
minor stated to be aged about fifteen years. The applicant has no criminal
antecedents.
7. In view of the above, the anticipatory bail application of the applicant is
allowed.
8. In the event of the arrest of the applicant Amarjeet (Minor), he shall be
released forthwith in the aforesaid case crime on anticipatory bail on furnishing
a personal bond and surety each 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. that 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. that the applicant shall not leave India without the previous permission of
the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution witness;
9. In case of breach of any of the above conditions, the Court concerned shall
be at liberty to cancel the bail.
10. 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.
September 28, 2026
Junaid
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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