Allahabad High Court

ISTAKHAR @ TARO AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: AVNISH SAXENA

Holding

Anticipatory bail may be granted under Section 482 when the accused have not been arrested, the alleged offences are not grave, the flight risk is low, and the accused are willing to cooperate, subject to appropriate conditions.

Summary

The Allahabad High Court entertained an anticipatory bail application under Section 482 of the BNSS filed by Istakhar @ Taro and his son in a case alleging assault with lathi and danda under Sections 115(2), 352, 333 and 351(3) of the BNSS. The applicants argued that they had no prior criminal record, were not arrested during investigation, and feared arrest while the trial was pending. The State opposed the bail, but the Court, relying on Supreme Court precedents, examined factors such as the nature and gravity of the accusation, flight risk, and willingness to cooperate. Finding the alleged offences to be of low gravity, the applicants to pose a low flight risk, and the investigation to have proceeded without arrest, the Court granted anticipatory bail with specific conditions. The order also clarified that it does not prejudice the trial court’s independent assessment of the merits.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS in the present facts.
Whether the nature of the alleged offences, lack of arrest, and low flight risk justify granting bail.
What conditions may be imposed on anticipatory bail to prevent tampering with evidence or intimidation of witnesses.

Legislation cited

Bihar Negotiable Securities Act — s. 115(2), 333, 351(3), 352, 482

Subjects

anticipatory bail
Section 482
BNSS
flight risk
bail conditions
criminal procedure
court discretion
non-violent offence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4181 of 2026

Istakhar @ Taro And Another
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Alok Kumar Singh
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Alok Kumar Singh, learned counsel for the applicants and
Learned AGA for the State.

2. The present anticipatory bail application under Section 482 of BNSS
has been filed by the applicants with a prayer to release him on
anticipatory bail in Case Crime No. 283 of 2025, under Sections 115(2),
352, 333, 351(3) BNS, P.S. Bhojpur, District Ghaziabad during pendency
of the trial.

3. It is contended by learned counsel for the applicants that the
accused/applicants are father and son. The allegation in the FIR dated
09.11.2025 is that the accused/applicants had entered the house of
informant and started beating him with lathi and danda. The informant
suffered injuries. The injuries are simple in nature. There is no motive
assigned for the said voluntary causing hurt. The accused/applicants and
informant are of adjoining village. The accused/applicants have no
criminal history. During investigation, the accused/applicants have not
been arrested. The charge sheet is submitted and the applicants want to
appear before the trial court but apprehending arrest. Hence, seeks
anticipatory bail.

4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicants.

5. The scope of ambit of anticipatory bail is encapsulated in three
NABAIL No. 4181 of 2026
2

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 applicants 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 accused/applicant have not been arrested during
the investigation. 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. In the event of arrest of the applicants- Istakhar @ Taro and Vikar
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 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 him 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
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 shall
NABAIL No. 4181 of 2026
3

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 his/their 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.

(Avnish Saxena,J.)
May 7, 2026
Abhishek Sri.

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

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