OMPALversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 3655 of 2026

Ompal
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Anil Kumar
Counsel for Opposite Party(s)              :   Yogesh Mishra, G.A.

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

1. Heard Sri Sunil Kumar Singh, learned Advocate, holding the brief on
behalf of accused applicant, Sri Yogesh Mishra, learned counsel for
informant and learned AGA for the State.

2. 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. 395 of 2025, under Sections 3(5),
190, 191(2), 193(3), 333, 109(1), 115(2), 352, 118(1) of BNS, P.S. Soron,
District- Kasganj, during pendency of the trial.

3. It is contended by learned counsel for the applicant that the accused
applicant has been falsely implicated in FIR dated 07.08.2025 for the
incident of 05.08.2025 occurred at 7:30 a.m., when the informant was
going to tie the animals. It is alleged that the accused applicant and other
co-accused five in number entered the house with lathi-danda and started
beating the family members. Bhagwanshree and Arjun suffered injuries.
Injuries were simple in nature. Only Arjun suffered hairline fracture. The
applicant has criminal history of four cases, two cases are of Excise Act,
one case is of voluntarily causing hurt and another case is of Section 434
IPC. In all cases, the accused applicant is on bail. The applicant has role
of inflicting lathi. The co-accused Bhagwanshree and Sopali have already
been granted anticipatory bail by co-ordinate Bench of this Court. The
applicant wants to co-operate in the investigation but apprehending arrest.
Hence, seeks anticipatory bail.
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4. Countering the argument of learned counsel for accused applicant, the
learned counsel for informant submits that applicant is having the main
role of inflicting injuries. The grievous injuries suffered to Arjun. The
accused applicant is absconding. Application is devoid of merit and is
liable to be dismissed.

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. This Court considering that the co-accused have already been granted
anticipatory bail and the injuries suffered to the injured, who are of same
village and relatives and 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- Ompal 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,
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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.

(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
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                                    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
                                    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
                                    Sharad/-




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