ANIL GAUR AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 3772 of 2026

Anil Gaur And 2 Others
                                                           .....Applicant(s)
                                  Versus

State Of U.P. And 2 Others
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)           :   Rahul Yadav, Ravindra Kumar
Counsel for Opposite Party(s)      :   G.A.

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

1. Sri Rahul Yadav, learned counsel for the applicants hands up the
supplementary affidavit annexing the criminal history of applicant nos.1
& 2. The same is taken on record.

2. Heard Sri Yadav, learned counsel for the accused-applicant, learned
AGA for State and perused the record.

3. The instant anticipatory bail application has been filed by applicant to
grant anticipatory bail in Case Crime No. 0126 of 2026, under Sections
190, 191(2), 352, 115(2), 109(1) BNS and 7 Criminal Law Amendment
Act, P.S.- Hathras Gate, District- Hathras.

4. It is contended by learned counsel for accused-applicant that the police
has lodged the F.I.R. on 30.03.2026 against 16 named and 20-25 unnamed
persons for the clash between them. It is alleged that the two factions of
the village have entered into stone pelting on each other. The police has
arrived at the incident, wherein they have suffered injuries. The name of
the accused-applicant is there in the F.I.R. The applicant no.1 has two
cases of criminal history. In both the cases, he is on bail. One is
matrimonial dispute. The applicant no.2 has three cases of criminal
history and in all the cases, the final report is submitted. The applicant
no.3 has no criminal history. The accused-applicant though named in the
F.I.R., but have no role. None of the persons in the two factions of the
village suffered injuries. The applicants want to cooperate in the
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                               2


investigation, but apprehending arrest and 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. This Court while considering the role of accused-applicant in the cross
fight and further considering 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 applicants- Anil Gaur, Neeraj Sharma & Vishal @ Suryakant
Verma 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 applicants 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 them from disclosing such facts to the court or to any police
officer or tamper with the evidence.

(ii) The applicants shall not pressurize/intimidate the prosecution
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                                3


witnesses.

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

(v) The applicants shall remain present before the trial court on each date
fixed, either personally or through their 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/applicants.

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.
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                                    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 applicants.

                                    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
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad