Allahabad High Court

MAHAVEERversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: AVNISH SAXENA

Holding

The Court held that, given the applicant’s lack of arrest, low flight risk, and willingness to cooperate, anticipatory bail under Section 482 BNSS was warranted.

Summary

The High Court of Allahabad considered an anticipatory bail application filed under Section 482 of the BNSS by Mahaveer, who was implicated in a case (Crime No. 103 of 2020) involving alleged offences under Sections 323, 504 and 308 of the IPC. The applicant argued that he had not been arrested, had no prior criminal record, and feared arrest despite being willing to cooperate with the investigation. The State opposed the bail, contending the seriousness of the charges. Relying on Supreme Court precedents governing anticipatory bail, 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 no prior arrests, the Court granted anticipatory bail with a personal bond and several conditions, while clarifying that the order does not prejudice the trial’s merits.

Issues considered

Whether the applicant is entitled to anticipatory bail under Section 482 of the BNSS in view of the alleged offences under the IPC.
Whether the applicant poses a flight risk or a threat to the investigation warranting denial of bail.
Whether conditions can be imposed on the grant of anticipatory bail.

Legislation cited

BNSS — s. 351, 482
Indian Penal Code — s. 308, 323, 504

Subjects

anticipatory bail
Section 482 BNSS
IPC offences
flight risk
bail conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4316 of 2026

Mahaveer
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ankit Kumar, Shrawan Kumar Pandey
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Shrawan 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. 103 of 2020, under Sections 323, 504, 308 IPC, P.S.
Dhanari, District Sambhal, during pendency of the trial.

3. It is contended by learned counsel for the applicant that initially the NCR
was registered by the informant against the accused-applicant and co-
accused for assaulting the informant and his family members. Further
submits that during the investigation, the applicant has not been arrested. It
is the counterblast case. Initially, the Aunt of the applicant has lodged the
F.I.R. against the cousin brother of informant, which led to the lodging of
the NCR in counterblast. Further submits that on the basis of injury report
does not show injury fatal to life. The summons and non-bailable warrant
have not been served on the applicant. The applicant want to join the trial,
but he apprehends the arrest. He has no criminal history. Hence, seeks
anticipatory bail.

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

5. The scope of ambit of anticipatory bail is encapsulated in three insightful
judgments of Hon'ble Supreme Court right from Gurubaksh Singh Sibbia
NABAIL No. 4316 of 2026
2

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. This Court while considering that during the investigation, the accused
has not been arrested and further 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 applicant- Mahaveer involved in the aforesaid
case crime 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.

(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/their counsel.
NABAIL No. 4316 of 2026
3

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 5, 2026
Sharad/-

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

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