AJAD ALIversusSTATE OF U.P. AND ANOTHER

           HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 2364 of 2026

Ajad Ali
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                     :   Uday Narain Singh
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.117 of 2025, under Sections 108, 352, 351(4)
of B.N.S., 2023, Police Station- Chiraiya Kot, District- Mau, with a
prayer to enlarge him on anticipatory bail.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. He seeks anticipatory bail on
the following grounds:-

(i) The applicant is not named in the First Information Report.

(ii) The applicant is said to have called up the deceased four days prior to
the occurrence and the mobile number of the applicant has been
mentioned in the First Information Report.

(iii) The applicant is said to have threatened and abused the deceased and
had allegedly stated that the applicant had illicit relations with the wife of
the deceased.

(iv) The Learned counsel for the applicant states that even if the version
set out in the First Information Report is accepted on its face value, no
offence under Section 108 B.N.S. is made out.
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(v) The applicant does not have any criminal antecedents and has no
concern with the deceased or his family members, who are nominated in
the First Information Report.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has stated that mobile number of the applicant is mentioned in
the First Information Report itself. During investigation, in the statement
of the witness, the identity of the applicant has been determined and the
call details records also indicate the veracity of the allegations made in the
First Information Report. The Learned A.G.A., however, could not point
out any criminal antecedents of the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The First Information Report has been lodged with a delay. The
incident is said to be of 14.09.2025, whereas the F.I.R. has been lodged
on 9.10.2025. The applicant is not named in the First Information Report.
The allegations appearing in the investigation against the applicant are of
having an illicit relationship with the wife of the deceased and of
threatening and abusing the applicant four days prior to the occurrence. In
the opinion of this Court, even if the allegations against the applicant are
taken to be true, abetment as defined under Section 45 of B.N.S., 2023 is
not made out. The ingredients of Section 45 B.N.S., 2023 require
instigation and the allegations do not show that there was any instigation
by the applicant, which led the victim to commit suicide. The applicant
has no criminal antecedents.

7. Taking into account all the facts and circumstances of the case as
discussed above and without expressing any opinion on the merits of the
case, I deem it fit to enlarge the applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant
is allowed.

9. In the event of the arrest of the applicant- Ajad Ali, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and two sureties each in the like amount to the
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                                    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;

                                    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.)
                                    March 19, 2026
                                    Sachin




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad