JAGDISH ALIAS SETHIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4332 of 2026

Jagdish Alias Sethi
                                                           .....Applicant(s)
                                  Versus

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

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

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

1. Sri Girish Singh, learned counsel for the applicant hands up the
supplementary affidavit explaining the criminal history of the accused-
applicant. The same is taken on record.

2. Heard Sri Girish Singh, learned counsel for the accused-applicant,
learned AGA for State and perused the record.

3. The instant anticipatory bail application has been filed by applicant to
grant anticipatory bail in Case Crime No. 826 of 2001, under Sections
147, 324, 353, 504, 224, 225, 307 IPC, P.S.- Civil Lines, District-
Moradabad.

4. It is contended by learned counsel for accused-applicant that the
accused-applicant has been falsely implicated in the F.I.R. dated
17.08.2001 lodged by the police against 10 named and 15-20 unnamed
persons. The allegation in the F.I.R. is such that the police went to the
village to arrest Ashok. The accused-applicant has restrained the police
personnel from performing their duty. He further submits that they have
started stone pelting on the police personnel, where some of the police
personnel were injured. He further submits that the main allegation of
detrimental hit is on the co-accused Ashok. The charge sheet is submitted.
The accused-applicant has not been arrested during the investigation. The
applicant is a resident of the same village, but neither the summons,
bailable warrant or non-bailable warrant have ever been served on the
                                                       NABAIL No. 4332 of 2026
                                2


accused-applicant. The accused-applicant came to know about the
issuance of process only when the process under Section 82 was issued by
the court. Further submits that the co-accused, who is on the same footing
has already been granted anticipatory bail by the coordinate Bench of this
Court in order dated 19.12.2025. The accused-applicant wants to join the
trial, but apprehending arrest and hence, seeks anticipatory bail.

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

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. This Court while considering that the accused-applicant has not been
served with the process 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.

8. The applicant- Jagdish Alias Seth 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 applicant shall not directly or indirectly make any inducement,
                                                                                           NABAIL No. 4332 of 2026
                                                                    3


                                    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.



                                                                                             (Avnish Saxena,J.)
                                    May 6, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad