Allahabad High Court
VISHNUversusSTATE OF U.P.
- Decided
Holding
The Court held that anticipatory bail should be granted to the applicant.
Summary
The applicant, Vishnu, was implicated in a case (Crime No.13 of 2026) alleging that he struck a motorcyclist with his car, causing simple injury, under sections 109, 115(2), 324(4) and 351(2) of the B.N.S. He filed an anticipatory bail application under Section 482 of the Criminal Procedure Code, asserting innocence, lack of prior criminal record, and willingness to cooperate with the investigation. The State opposed the bail, contending the seriousness of the alleged offence. The Court, referring to the principles laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, considered the nature of the accusation, the applicant’s antecedents, and the risk of fleeing or tampering with evidence. Finding that the applicant satisfied the criteria for anticipatory bail, the Court allowed the application with a personal bond of Rs. 50,000 and specific conditions. The order directed that, upon arrest, the applicant be released on bail subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in view of the alleged offences and his personal circumstances.
- Whether the applicant’s lack of criminal history and willingness to cooperate justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- simple injury
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 2111 of 2026
Vishnu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Imran Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohd. Imran Khan, learned counsel for the applicant, Shri
O.P. Singh, learned A.G.A. for the State and perused the record.
2. The present application has been moved seeking anticipatory bail in
Case Crime no.13 of 2026, under Sections 109, 115(2), 324(4), 351(2) of
B.N.S., Police Station Chhata, District Mathura, with the prayer that in
the event of arrest, applicant may be released on bail.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case. It is
further submitted that as per first information report, the applicant is said
to have hit the motorcycle of the first informant by his car, as a result of
which, the first informant is said to have received simple injury. It is also
submitted that the applicant is having no criminal history. It was also
submitted that applicant undertakes to co-operate during trial and he
would appear as and when required by the investigating agency or Court.
It has been stated that in case, applicant is granted anticipatory bail, he
shall not misuse the liberty of bail and will co-operate with the
investigation and would obey all conditions of bail.
4. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail.
5. As per first information report, the applicant is said to have hit the
NABAIL No. 2111 of 2026
2
motorcycle of the first informant by his car, as a result of which, the first
informant is said to have received simple injury. It is also submitted that
the applicant is having no criminal history.
6. It may be stated that in case of Siddharam Satlingappa Mhetre v.
State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble
Supreme Court that while deciding anticipatory bail, Court must consider
nature and gravity of accusation, antecedent of accused, possibility of
accused to flee from justice and that Court must evaluate entire available
material against the accused carefully and that the exact role of the
accused has also to be taken into consideration.
7. In the instant case, considering the settled principle of law regarding
anticipatory bail, submissions of the learned counsel for the parties, role
of applicant and all attending facts and circumstances of the case, without
expressing any opinion on merits, a case for anticipatory bail is made out.
8. The anticipatory bail application is allowed.
9. In the event of arrest of the applicant- Vishnu involved in the aforesaid
case crime shall be released on anticipatory bail on his furnishing a
personal bond of Rs. 50,000/- with two sureties each in the like amount to
the satisfaction of the Court concerned, with the following conditions :-
(i) The applicant shall not tamper with evidence and that he would appear
before the trial Court on the date fixed unless exempted by the Court
concerned;
(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/her/them from disclosing such facts to the Court or to any
police officer;
(iii) The applicant would co-operate during trial and would not misuse the
liberty of bail.
(iv) The applicant shall not leave India without prior permission of the
Court concerned.
NABAIL No. 2111 of 2026
3
10. In default of any of the conditions, the prosecution shall be at liberty
to file appropriate application for cancellation of anticipatory bail granted
to the applicant.
(Jitendra Kumar Sinha,J.)
March 19, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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