DEVENDR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4321 of 2026

Devendr And Another
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)              :   Gambhir Singh
Counsel for Opposite Party(s)         :   Chandra Bhan Kushwaha, G.A.

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

1. Heard Sri Gambhir Singh, learned counsel for the applicants, Sri
Chandrabhan Kushwaha, learned counsel for the informant 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. 150 of 2015 (S.T. No. 35 of 2016) under Sections 307,
324, 504, 506 IPC, P.S.- Rajpura, District- Sambhal, during pendency of the
trial.

3. It is contended by learned counsel for the applicants that the matter is of
the year 2015. The FIR has been lodged against four persons including the
applicants. It is the allegation in the FIR that co-accused Satyapal has fired at
Jhau, the injured. The accused applicants have not been charge sheeted as
they were found not present during the incident at the place. After
continuance of trial, the accused applicants have been summoned through
the process under Section 319 CrPC. The injured P.W.2 who has initially
stated that Satyapal has fired the shot at him, has now changed his version
and stated that accused Vinod has opened fire at him. He submits that the
accused applicants want to continue in the trial but apprehending arrest.
Hence, seeks anticipatory bail.

4. Countering the argument, learned counsel for the informant has submitted
that the role is entirely of the applicants. The statement of the injured witness
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has not been recorded under Section 161 CrPC, the injured has given
deposition before the court on the basis of which, the accused applicants
have been summoned. Hence, submitted that the application deserves to be
rejected.

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 initial statement of the injured is pointing towards
Satypal, the co-accused who open detrimental shot role subsequently
assigned to the accused applicants, 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 applicants- Devendr and Naresh 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 :-

(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.
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                                                                     3


                                    (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 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 6, 2026
                                    Sharad/-




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