Allahabad High Court
UDAY PRATAP SINGH @ RAJA SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, given the applicants' lack of direct accusation and the precedent of bail granted to similarly situated co‑accused, they are entitled to anticipatory bail.
Summary
The High Court considered an anticipatory bail application filed by Uday Pratap Singh (applicant No.1) and Anand Kumar (applicant No.2) in a criminal case involving offences under sections 320, 332(c), 335, 336(3), 338, 340(2) and 61(2) of the B.N.S. The court noted that applicant No.1 was not named in the FIR and applicant No.2 was a marginal witness to a disputed sale deed, and that co‑accused Pratyush Kumar and Saksham Sonkar, who were similarly situated, had already been granted anticipatory bail. The State opposed the relief but did not dispute the earlier bail orders. Relying on the principle of equality and the lack of direct incrimination, the court granted anticipatory bail to both applicants subject to standard conditions, including cooperation with police and no intimidation of witnesses.
Issues considered
- Whether the applicants, who are not named in the FIR or are merely marginal witnesses, are entitled to anticipatory bail under Section 482 of the CrPC.
- Whether the grant of anticipatory bail to similarly situated co‑accused mandates the same relief for the applicants.
Legislation cited
- B.N.S. — s. 320, 332(c), 335, 336(3), 338, 340(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- criminal procedure
- bail conditions
- marginal witness
- FIR
- property dispute
- injunction
- status quo
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10124 of 2026
Uday Pratap Singh @ Raja Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, G.A., Mukesh Joshi
Counsel for Opposite Party(s) :
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard the Learned counsel for the applicants and the Learned A.G.A.
for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No. 16 of 2025, under Sections 320, 332(c),
335, 336(3), 338, 340(2), 61(2) of B.N.S., Police Station- Naubasta,
District Kanpur Nagar, with a prayer to enlarge them on anticipatory
bail as the applicants apprehend their arrest in the abovementioned case.
3. The Learned counsel for the applicant has contended that the applicant
No. 1 is not named in the FIR. He is the tenant in the property in dispute.
The co-accused Saksham Sonkar and applicant No. 2 were both marginal
witnesses in the sale deed executed by one Brij Bihari Lal in favour of the
co-accused Pratyush Kumar. Pratyush Kumar has filed a civil suit being
O.S. No. 1692 of 2024 seeking injunction against the informant in which
an interim order in the form of status quo over the property in question is
operating till date. The applicants had filed a Criminal Misc. Writ Petition
No. 12877 of 2025 in which this Court by the order dated 18.6.2025, had
stayed the arrest of the applicants during investigation till cognizance on
the police report. Similarly situated co-accused Saksham Sonkar and
Pratyush Kumar have been granted anticipatory bail by this Court in
NABAIL No. 6438 of 2026 and 7737 of 2026 respectively. The case of
the applicants stands on a similar footing.
NABAIL No. 10124 of 2026
2
4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail,
but does not dispute the fact that similarly situated co-accused have been
granted anticipatory bail by this Court.
5. I have considered the submissions made by the Learned counsels for
the parties.
6. The co-accused Pratyush Kumar and Saksham Sonkar have been
granted anticipatory bail by this Court. An interim injunction in the form
of status quo over the property is operating in the civil suit filed by the co-
accused Pratyush Kumar. The applicant No. 1 was not named in the FIR
and the applicant No. 2 is a marginal witness of the disputed sale deed.
7. Taking into account the facts and circumstances of the case and also
the fact that similarly situated co-accused have been granted anticipatory
bail, I deem it appropriate to enlarge applicants on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicants
is allowed.
9. In the event of the arrest of the applicants- Uday Pratap Singh @ Raja
Singh and Anand Kumar, they shall be released forthwith in the aforesaid
case crime on anticipatory bail on furnishing of their 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 applicants shall make themselves available for interrogation by a
police officer as and when required;
ii. that the applicants 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 them from disclosing such facts to the Court or
to any police officer;
iii. that the applicants shall not leave India without the previous
permission of the Court;
iv. that the applicants shall not pressurize/intimidate the prosecution
NABAIL No. 10124 of 2026
3
witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
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.)
September 28, 2026
Junaid
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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