OMPAL SINGHversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                 BNSS No. - 10159 of 2026

Ompal Singh
                                                               .....Applicant(s)
                                    Versus
State Of U.P. And 2 Others
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                         :    Kameshwar Rao
Counsel for Opposite Party(s)                    :    G.A.

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

1. Heard learned counsel for the applicant, 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.0638 of 2019, under Sections 420, 409, 406, 120-B I.P.C., Police
Station - Civil Lines, District Aligarh, 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
him. It is further contended that the FIR was lodged in the year 2019 against
the firm of the applicant by the informant, who is a Forest Conservator,
Aligarh Range, regarding alleged misappropriation of the money paid to the
applicant's firm with respect to brick guards. Learned counsel for the
applicant contends that the FIR was initially lodged for offences under
Sections 406 and 120-B IPC. The applicant was not arrested during
investigation. The case was transferred to the EOW, Sector Kanpur, and
Sections 409, 420, 467, 471 and 120-B IPC have been added in the present
case, while Section 406 IPC has been taken out. It is further contended that
the identically situated co-accused Smt. Kimi Majhwar has been granted
anticipatory bail by a Coordinate Bench of this Court vide order dated
10.09.2026 in NABAIL No.9356 of 2026. 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
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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
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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                                    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- Ompal Singh, involved in the
                                    aforesaid case, he 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 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 her/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.)

                                    September 29, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad