PRINCE KUMAR @ CHHOTUversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 3476 of 2026

Prince Kumar @ Chhotu
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                      :   Virendra Kumar
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 71
                    HON'BLE AVNISH SAXENA, J.

1. Sri Jagat Pal, learned advocate, holding the brief, hands up
supplementary affidavit. The same is taken on record.
2. Heard Sri Pal, learned counsel for the applicant and Learned AGA for
the State.

3. The present anticipatory bail application under Section 482 of BNSS
has been filed by the applicant with a prayer to release him on
anticipatory bail in Case Crime No. 266 of 2025, under Sections 303(2),
317(2), 109(1), 132, 3(5) BNS and Section 2/3 Prevention of Damages to
Public Property Act, P.S.- Sarsawa, District- Saharanpur, during
pendency of the trial.

4. It is contended by learned counsel for the applicant that the FIR has
been lodged by the police on 18.7.2025 against 8 named and one
unknown with the allegation that in the night of 17.7.2025, the police
persons went to chase the accused applicant and co-accused persons who
indulged in illegal mining. The accused who were 15-20 persons on 4-5
tractor trolley were indulged in illegal mining at Yamunaghat. When the
police intercepted, they tried to run over them by their tractor. Somehow,
the police person managed to escape and lodged the FIR. It is further
contended that the accused applicant has one criminal history wherein he
is on bail. It is a no injury case. The co-accused has already been granted
anticipatory bail by the co-ordinate Bench of this Court in order dated
2.2.2026. The applicant wants to co-operate in the investigation but
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apprehending arrest. Hence, seeks anticipatory bail.

5. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.

6. The scope of ambit of anticipatory bail is encapsulated in three
insightful judgments of Hon’ble Supreme Court right from Gurubaksh
Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565,
Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in
(2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of
Delhi) and another reported in (2020) 5 SCC 1, wherein it is
consistently held by Hon’ble Apex Court that while granting anticipatory
bail, the Court should considering the application of the applicant to
evaluate the threat or apprehension of arrest vis-a-vis the nature and
gravity of accusation, criminal antecedent of the accused, false or
exaggerated implication, need of custodial interrogation, willingness of
the accused to cooperate in investigation and trial and the conduct of the
accused and flight risk.

7. Considering the role of the accused applicant and that none of the
police persons suffered injuries, the gravity of accusation, explained
criminal history and apprehension of arrest in the case vis-a-vis low flight
risk and assurance of the accused in cooperating with the investigation
and trial, is of considered view to grant anticipatory bail.

8. The applicant- Prince Kumar @ Chhotu involved in the aforesaid
case crime shall appear before the trial court or the Investigating Officer,
as the case may be within 30 days from the date of this order and shall be
released on bail on furnishing a personal bond of Rs. 25,000/- with two
sureties each in the like amount to the satisfaction of the court concerned
with following conditions :-

(i) 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 or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
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(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of BNSS.

(iv) The applicant shall file an undertaking to the effect that he/she shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

10. It is clarified that anything said in this order is limited to the purpose
of determination of this bail application and will in no way be construed
as an expression on the merits of the case. The trial court shall be
absolutely free to arrive at its independent conclusions on the basis of
evidence led unaffected by anything said in this order.

11. The below mentioned directions shall be complied with for
expeditious disposal of trial, in case charge sheet is submitted against
accused/applicant :-

11.1 As the investigation is continuing, in the event charge sheet is
submitted and cognizance is taken, it would be the duty of the
accused/applicants to appear before the trial court or Magistrate
concerned as the case may be without waiting for the issuance of
summons, within 60 days from the date of cognizance or on the date
fixed, which ever is earlier. So that the trial may not be delayed for non
execution of summons or processes.

11.2 The District Judge concerned shall direct each Magistrate and
Special courts to maintain a register of Anticipatory Bail orders granted
by this Court, wherein the details of Anticipatory Bail shall be entered.
The dedicated official shall be nominated in each Special court and
Magistrate court for maintaining the register.

11.3 The accused/applicants shall provide a copy of the final order of
anticipatory bail within 30 days, to the official concerned in whose
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                                    jurisdiction the case lies and shall provide his complete contact details
                                    including the mobile number and E-mail ID (if maintained); any change
                                    in detail shall be informed by the applicant.

                                    11.4 On the submission of charge sheet and cognizance taken, the
                                    Presiding Officer shall fetch the details of the accused/applicants and the
                                    dedicated official shall inform the accused at the given detail.


                                                                                           (Avnish Saxena,J.)
                                    May 5, 2026
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad