Allahabad High Court
ANCHAL SHARMAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
Anticipatory bail was denied because the allegations were specific and no sufficient ground existed to grant bail.
Summary
Anchal Sharma filed an anticipatory bail application under Sections 103(1), 238-A and 61(2) of the B.N.S. in Criminal Misc. No. 23 of 2026, claiming innocence and asserting that no offence was committed. The State, represented by the Advocate General, argued that the allegations against the applicant were specific and supported by statements recorded under Section 180 of the B.N.S. The Court examined the FIR and the statements and found that the accusations were indeed specific and that the applicant had not shown any sufficient ground to merit anticipatory bail. Consequently, the Court rejected the anticipatory bail application, emphasizing that the order does not prejudice the merits of the pending trial. The decision was pronounced on 6 May 2026 by Justice Jai Prakash Tiwari.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Sections 103(1), 238-A and 61(2) of the B.N.S. given the specificity of the allegations.
- Whether the presence of statements under Section 180 B.N.S. justifies denial of anticipatory bail.
Legislation cited
- B.N.S. — s. 103(1), 180, 238-A, 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 103(1)
- Section 238-A
- Section 61(2)
- Section 180
- specific allegations
- bail denial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3701 of 2026
Anchal Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. Present Criminal Misc. Anticipatory Bail Application has been filed by
the applicant with the prayer to enlarge the applicant on bail in Case
Crime No. 23 of 2026, under Section 103(1), 238-A, 61(2) of B.N.S.,
Police Station Babrala, District Sambhal, during the pendency of trial.
3. Urge has been made on behalf of the applicant that the applicant has no
concern with the offence alleged against him. The applicant is innocent
and has been falsely implicated in this case. No offence has been
committed by the applicant. In case the applicant is granted anticipatory
bail, there is no possibility of misusing the liberty of anticipatory bail.
4. Learned A.G.A. has contended that the accusation levelled against the
applicant is specific.
5. Insofar as the allegations are concerned, the same is very much
apparent on record and statements recorded under Section 180 B.N.S.S.
has already been submitted against the applicant after due investigation.
6. In this case, bare perusal of the first information report itself shows that
the allegations are specific against the applicant. In case the applicant has
any grievance, he may avail remedy before the appropriate forum. No
good ground is made out for anticipatory bail.
NABAIL No. 3701 of 2026
2
7. Consequently, the instant anticipatory bail application is rejected.
8. It is made clear that observation made in this order shall have no
bearing on the merits of the case.
(Jai Prakash Tiwari,J.)
May 6, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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