ANKIT @ GULLUversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4304 of 2026

Ankit @ Gullu
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Manoj Kumar Tripathi, Vinod Kumar
                                Tirpathi
Counsel for Opposite Party(s) : G.A.

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

1. Sri Mahesh Chandra Maurya, learned advocate hands up vakalatanam.
The same is taken on record.

2. Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant, Sri
Maurya, learned counsel for the informant and learned AGA for the State.

3. 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. 10 of 2026, under Sections 191(2),
191(3), 309(6), 324(4), 125, 115(2), 325, 351(2) BNS, P.S.- Daurala,
District- Meerut, during pendency of the trial.

4. It is contended by learned counsel for the applicant that the accused
applicant has been falsely implicated during investigation in the FIR
lodged on 12.1.2026. It is alleged in the FIR that on 11.1.2026 informant's
son was returning on motorcycle when he was intercepted by two named
and one unnamed persons. They have pointed country made pistol on him
and snatched Rs.15,000/-. Subsequently, they have beaten the informant's
son Sagar, who suffered simple injuries. The name of the accused is not
mentioned in the FIR. The informant after lapse of six days has taken
name of the accused applicant that he was also involved in the incident.
The accused applicant has no criminal history. The named accused has
already been granted anticipatory bail by the co-ordinate Bench of this
Court in order dated 20.3.2026. The accused applicant wants to co-
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operate in the investigation but apprehending arrest. Hence, seeks
anticipatory bail.

5. Countering the argument, learned counsel for the informant submits
that the accused applicant has a role in the incident. It is a matter of
robbery. The informant's son who run a mess was coming with
Rs.15,000/- which was robbed by the accused applicant. He was also
beaten and suffered injuries. He submits that the application is liable to be
rejected.

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. Considering that the name of the accused applicant has been reflected
after six days in the statement of the informant, who has lodged the FIR
after delay, 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.

8. The applicant- Ankit @ Gullu 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 :-
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                                3


(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.

(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.

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/applicant :-

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.
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                                    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.

                                    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 applicant.

                                    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
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad