Allahabad High Court
BHUDEVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court granted anticipatory bail to the applicant subject to strict conditions.
Summary
The applicant Bhudev filed an anticipatory bail application under Section 482 of the BNSS in a case (Crime No. 103 of 2020) involving alleged offences under Sections 323, 504 and 308 IPC. He argued that he had not been arrested, the FIR was a counter‑blast, there was no fatal injury, and he had no criminal history, seeking protection from arrest. The State opposed the bail. The Court examined the Supreme Court precedents on anticipatory bail, considering factors such as the seriousness of the accusation, the applicant’s cooperation, lack of flight risk and absence of prior arrests. Finding the applicant’s apprehension of arrest reasonable and the risk low, the Court granted anticipatory bail with a personal bond and several conditions. The order clarified that it does not prejudice the merits of the trial and that any breach of conditions would lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS in the present case.
- Whether the nature and gravity of the alleged offences justify denial of bail.
- Whether the applicant poses a flight risk or a threat to the investigation or witnesses.
Legislation cited
- BNSS — s. 351, 482
- Indian Penal Code — s. 308, 323, 504
Subjects
- anticipatory bail
- Section 482
- Indian Penal Code
- flight risk
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4319 of 2026
Bhudev
.....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 grand mother 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. 4319 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- Bhudev 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. 4319 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 6, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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