Allahabad High Court

ASIFversusSTATE OF U.P.

Decided: 6 May 2026
Bench: AVNISH SAXENA

Holding

The Court granted anticipatory bail to the applicant under Section 482 of the CrPC, subject to strict conditions.

Summary

The High Court of Allahabad entertained an anticipatory bail application under Section 482 of the Code of Criminal Procedure filed by Asif in a case registered as Crime No. 131 of 2026, alleging offences under Sections 303(2), 317(2) and 317(5) of the Indian Penal Code. The applicant claimed he was falsely implicated based on the statement of a co‑accused who had already been arrested and that he had no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. Relying on Supreme Court precedents (Gurubaksh Singh Sibbia, Siddharam Mhetre and Sushila Aggarwal) the Court examined factors such as the nature of the accusation, flight risk, and the applicant’s willingness to cooperate. Finding a low flight risk and accepting the applicant’s assurance of cooperation, the Court granted anticipatory bail with a personal bond and several conditions, including non‑interference with witnesses and mandatory appearance before the trial court.

Issues considered

Whether the applicant is entitled to anticipatory bail under Section 482 of the CrPC given the nature of the alleged offences.
Whether the applicant’s alleged false implication and lack of criminal antecedents justify granting bail.
Whether the applicant poses a flight risk or a risk of tampering with evidence or witnesses.

Legislation cited

Code of Criminal Procedure, 1973 — s. 351, 482
Indian Penal Code — s. 303(2), 317(2), 317(5)

Subjects

anticipatory bail
Section 482 CrPC
false implication
flight risk
cooperation with investigation
bail conditions
Indian Penal Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 4171 of 2026

Asif
.....Applicant(s)
Versus

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

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

Court No. - 71

HON'BLE AVNISH SAXENA, J.

1. Heard Sri Rajiv Kumar Pandey, learned counsel for the
applicant 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. 131 of
2026, under Sections 303(2), 317(2), 317(5) BNS, P.S. Civil
Line, District Aligarh during pendency of the trial.

3. It is contended by learned counsel for the applicant that the
accused/applicant has been falsely implicated in the FIR dated
13.03.2026 lodged against anonymous persons for motorcycle
theft. During investigation the co-accused Shanu was arrested.
On his disclosure statement the motorcycle was recovered. It
is the co-accused, who has named the accused/applicant to be
involved in the incident. The accused/applicant has no criminal
history. He wants to cooperate in the investigation but
apprehending arrest. Hence, seeks anticipatory bail.

4. Per contra learned A.G.A. has opposed the prayer for bail of
the applicant.
NABAIL No. 4171 of 2026
2

5. 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.

6. Considering that the name of accused/applicant is figured
out from the statement co-accused. Further this Court, while
considering the gravity of accusation 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.

7. The applicant- Asif involved in the aforesaid case crime
shall appear before the trial court or the Investigating Officer as
the case may be within thirty 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.
NABAIL No. 4171 of 2026
3

(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.

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

9. 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.

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

10.1 As the investigation is continuing, in the event charge
sheet is submitted and cognizance is taken, it would be the duty
of the accused/applicant 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.

10.2 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
NABAIL No. 4171 of 2026
4

be nominated in each Special court and Magistrate court for
maintaining the register.

10.3 The accused/applicant 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.

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

May 7, 2026
Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad

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