Allahabad High Court
JUVENILE XversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the minor applicant is entitled to anticipatory bail under CrPC Section 482.
Summary
The High Court considered an anticipatory bail application filed under CrPC Section 482 on behalf of Juvenile X, a minor accused in a case involving assault and the death of a patient due to septicemia. The applicant argued that he was falsely implicated, had no criminal antecedents, and that the charge sheet did not specify any weapon or specific role for him. The State opposed bail, alleging active participation in the crime, but could not refute the applicant's lack of prior convictions. The Court noted that co‑accused had already been granted regular bail, the charge sheet was filed, and there was no need for custodial interrogation of the minor. Consequently, the Court granted anticipatory bail with standard conditions and directed immediate release upon arrest.
Issues considered
- Whether a minor accused of offences under IPC sections 191, 109, 117, 103, 352, 351, and 115 is eligible for anticipatory bail under CrPC Section 482.
- Whether the applicant's alleged involvement and the nature of the offences justify denial of bail.
- Whether the filing of the charge‑sheet and the absence of a need for custodial interrogation warrant granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 103(1), 109(1), 115(2), 117(2), 191(2), 191(3), 351(3), 352
Subjects
- anticipatory bail
- minor
- CrPC 482
- IPC offences
- bail conditions
- no criminal antecedents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3852 of 2026
Juvenile X
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Devanshi Singh, Neeraj Tiwari,
Saurabh Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.276 of 2025, under Sections 191(2), 191(3),
109(1), 117(2), 103(1), 352, 351(3), 115(2) B.N.S., Police Station-
Binauli, District- Baghpat, with a prayer to enlarge him on anticipatory
bail as the applicant apprehends his arrest in the above-mentioned case.
3. The Learned counsel for the applicant submits that the applicant is a
minor. The applicant has been falsely implicated in the present case along
with his brothers, where it apparently due to an incident, the deceased
who remained in the hospital at the time of the death, died due to
septicemia as a result of multiple organ failure. A case summary of the
Sai Hospital & Critical Care Centre has been filed along with the
affidavit, in which it has been mentioned that the patient was discharged
on persistent request on 16.09.2025. He further contends that the deceased
was then taken to the hospital on 27.10.2025 when his condition
worsened and thereafter he died. The Learned counsel for the applicant
contends that the applicant has not been specified any weapon nor has any
specific role been given to the applicant. The number of accused and the
weapons assigned to them does not correspond with the injuries received
by the injured. He further contends that the injuries that have been found
NABAIL No. 3852 of 2026
2
on the other injured also do not correspond to the number of accused and
the weapons assigned. The applicant has no criminal antecedents.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has submitted that six people have received injuries in the
incident and one person Jogeram has lost his life. He further contends that
the applicant has actively participated in the crime in question. The
Learned A.G.A., however, could not dispute the fact that the applicant has
no criminal antecedents.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. The applicant and the other accused have been given general role of
assault on the injured. Similarly situated co-accused Monu @ Kala,
Jitendra @ Jite, Akash, Pappu, Rajeev and Sanjay have been granted
regular bail by this Court. The deceased has died on 27.10.2025 as a result
of septicemia because of prolonged hospital stay leading to multiple organ
failure as per the postmortem report. The applicant is a minor having no
criminal antecedents. The charge-sheet has been filed and the applicant is
no longer required for custodial interrogation interrogation or arrest.
7. Taking into account all the facts and circumstances of the case as
narrated above, I deem it fit to enlarge the applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant
is allowed.
9. In the event of the arrest of the applicant Juvenile X, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned through his natural guardian Pappu (Father) with the following
conditions:-
i. the applicant shall make himself available for interrogation by a police
officer as and when required;
ii. that the applicant shall not, directly or indirectly make any inducement,
NABAIL No. 3852 of 2026
3
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;
iii. that the applicant shall not leave India without the previous permission
of the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
April 23, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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