Allahabad High Court

RAJESH SHARMAversusSTATE OF U.P.

Decided: 29 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court confirmed anticipatory bail for the applicant, directing release upon arrest under the same conditions as the interim order dated 06.04.2026.

Summary

The High Court of Allahabad entertained an anticipatory bail application filed by Rajesh Sharma in a criminal case (Crime No. 358 of 2025) under several sections of the B.N.S. The applicant claimed innocence, no criminal antecedents, and offered to pay the entire amount alleged to be due to the informant. The court initially granted interim anticipatory bail conditioned on the payment of the due amount and compliance with other bail conditions. Subsequent hearings dealt with the applicant’s partial payment, a dishonoured cheque, and alleged false statements, leading to extensions of the interim bail. Eventually, the parties agreed that the dues had been fully paid, and the court confirmed the anticipatory bail, ordering that the applicant be released upon arrest under the same conditions as initially stipulated.

Issues considered

Whether the applicant is entitled to anticipatory bail under Sections 115(2), 316(2), 109, 352, 351(3), 324(4) of the B.N.S. given the pending investigation and alleged financial liability.
Whether failure to deposit the full amount or the dishonour of a cheque justifies cancellation of the interim anticipatory bail.
Whether the court may confirm anticipatory bail after the applicant complies with the payment condition and other bail terms.

Legislation cited

B.N.S. — s. 109, 115(2), 316(2), 324(4), 351(3), 352

Subjects

anticipatory bail
B.N.S.
payment of dues
interim bail
dishonoured cheque
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3041 of 2026

Rajesh Sharma
.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Abhishek Kumar Shukla, Dinesh Kumar Tiwari
Counsel for Opposite Party(s) : G.A., Rakesh Kumar Srivastava

Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, the Learned counsel for the applicant, the Learned
counsel for the informant and the Learned A.G.A. for the State.

2. This Court on 6.4.2026 has passed the following order:-

"1. Heard learned counsel for the applicant, learned A.G.A.

for the State as well as learned counsel for the informant and

perused the material brought on record.

2. The present application has been moved on behalf of

applicant, Rajesh Sharma, seeking anticipatory bail in Case

Crime No. 358 of 2025, under Sections 115(2), 316(2), 109,

352, 351(3), 324(4) of B.N.S., Police Station Dankaur,

District Gautam Buddha Nagar, with the prayer that in the

event of arrest, applicant may be released on anticipatory

bail.

3. Learned counsel for the applicant submits that as per

F.I.R. allegation the main allegation against the applicant is

that he took money from the informant for purchasing of plot

and he is ready to pay the entire due amount. In the matter

till date charge sheet has not been filed and the investigation
NABAIL No. 3041 of 2026
2

is going on. The applicant is innocent and he has an

apprehension that he may be arrested in the above-

mentioned case, whereas there is no credible evidence

against him. It has further been submitted that applicant has

no criminal antecedents and that no coercive process has

been issued against the applicant so far. It was also

submitted that applicant undertakes to cooperate during

investigation and trial and he would appear as and when

required by the investigating agency or Court. It has been

stated that in case, the applicant is granted anticipatory bail,

he shall not misuse the liberty of bail and will cooperate with

the investigation and would obey all conditions of bail.

4. Learned A.G.A. for the State has opposed the prayer for

anticipatory bail.

5. Learned counsel for the informant submits that if the

applicant is ready to pay the due amount, he has no

objection. However, he stated that some short time may be

granted to the applicant for depositing the amount and he

may be enlarged on interim bail.

6. Having considered the rival submissions advanced by the

learned counsel for the parties and considering the fact that

applicant is ready to pay the entire due amount, it is provided

that till the next date of listing, the applicant- Rajesh Sharma,

is granted interim anticipatory bail in the aforesaid case

crime, on furnishing a personal bond with two sureties each

in the like amount to the satisfaction of the court concerned

with the following conditions:-
NABAIL No. 3041 of 2026
3

(i) The applicant shall deposit the entire due amount to the

informant before the next date of listing and shall produce

the proof of deposit so made before this court by filing an

affidavit on the next date fixed.

(ii) The applicant shall attend the court proceedings as and

when required.

(iii) The applicant shall not directly or indirectly make any

inducement, threat or promise or to any person acquainted

with the facts of the case so as to dissuade him from

disclosing such facts to the court to any police officer or

tamper with the evidence.

(iv) The applicant shall not leave India without the previous

permission of the court.

7. In failure to comply this order, the interim anticipatory

bail granted today to the applicant shall stand cancelled.

8. List on 15.04.2026 as the first case of the day."

3. Thereafter, the interim order was extended on 15.04.2026

and the following order was passed:-

1. Heard Shri Abhishek Kumar Shukla, learned counsel for
the applicant, learned A.G.A. for the State as well as Shri
Rakesh Kumar Srivastava, learned counsel for the informant
and perused the material brought on record.

2. On one of the submissions of learned counsel for the
applicant that applicant is ready to pay the entire due
amount, this Court vide order dated 06.04.2026 has granted
interim anticipatory bail application till today with the
condition that the applicant shall deposit the entire due
amount to the informant on or before the next date fixed.
NABAIL No. 3041 of 2026
4

3. Today, in compliance of the order dated 06.04.2026 the
learned counsel for the applicant has handed over a demand
draft of one lakh rupees and a cheque of four lakh rupees
issued by the applicant in favour of the informant, which has
been accepted by the learned counsel for the informant.
Learned counsel for the applicant further submits that at
present applicant is not having sufficient funds, therefore,
some time may be granted to him so that the said cheque
would not be dishonoured.

4. Learned counsel for the informant has no objection. He
has also endorsed details of aforesaid demand draft and
cheque handed over to him in the order sheet of the case.

5. In view of above, the interim order granted earlier is
extended till the next date of listing.

6. List on 27.05.2026.

4. The interim order had been extended over a period of time
and lastly on 21.7.2026 the following order was passed:-

"1. Heard learned counsel for the applicant, learned counsel
for the informant and learned A.G.A. for the State.

2. Learned counsel for the the informant has submitted that
this Court vide order dated 6.4.2026 had recorded the
submission of the applicant that he is ready to pay the entire
due amount till the next date of listing.

3. Learned counsel for the applicant states that a demand
draft of Rs. 1 lakh was handed over and a cheque of Rs. 4
lakh was then handed over. The cheque that was handed over
was dishonoured after which the Learned counsel for the
applicant had stated before this Court that Rs. 3 lakh had
been sent in the account of the informant through RTGS.
However, only Rs.99,000/- has been deposited and a false
statement has been made before this Court.
NABAIL No. 3041 of 2026
5

4. The fact that Rs. 3 lakh was not sent through RTGS on
8.7.2026 ,has not been disputed by the Learned counsel for
the applicant. The statement given in the Court was incorrect
and in view of the same, it would not be appropriate to
extend the interim order granted in favour of the applicant.

5. List on 3.8.2026."

5. The interim order was then again extended on 24.8.2026.

6. Today, when the case has been called on, the Learned
counsels for the parties have stated that now no dispute with
respect to payment of money remains and the dues that were
required to be paid have been paid till date.

7. In the view of the Court, it would be appropriate to dispose
of this application after confirming the interim order that had
been granted in favour of the applicant vide the order dated
6.04.2026.

8. Learned counsel for the informant has no objection to the
said prayer.

9. In view of the above, I deem it appropriate to confirm the
interim anticipatory bail granted to the applicant by the
previous order of this Court dated 06.04.2026.

10. The anticipatory bail application of the applicant is allowed
.
11. In the event of the arrest of the applicant Rajesh Sharma,
he shall be released forthwith in the Case Crime No. 358 of
2025, under Sections 115(2), 316(2), 109, 352, 351(3), 324(4) of
B.N.S., Police Station Dankaur, District Gautam Buddha Nagar,
on anticipatory bail on the same terms and conditions as
provided in the order dated 6.04.2026.
September 30, 2026/Sachin

(Rajiv Lochan Shukla,J.)

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

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