Allahabad High Court
SMT IKARA AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The anticipatory bail application is rejected.
Summary
The petitioners, Smt. Ikara and another, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 27/2026) alleging offences under IPC sections 111(2)(B), 308(5), 115(2), 351(3) and 317(2). They claimed innocence, asserted that they were falsely implicated, and argued that granting bail would not be misused. The State, represented by the learned Additional Government Advocate, contended that the allegations in the FIR were specific and indicated the petitioners' involvement in unlawful activities. The Court examined the FIR and found the accusations to be specific against the applicants, concluding that no sufficient ground existed for anticipatory bail. Consequently, the Court rejected the anticipatory bail application, noting that the order does not prejudice the merits of the substantive criminal trial.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 CrPC given the specific allegations in the FIR.
- Whether the petitioners pose a risk of misusing the liberty granted by anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 111(2)(B), 115(2), 308(5), 317(2), 351(3)
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- IPC offences
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 4383 of 2026
Smt Ikara And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Keshari Nath Tripathi, Pushpendra
Vishvakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicants as well as Mr. Rajeev Kumar
Singh, learned A.G.A. for the State and perused the material available on
record.
This anticipatory bail application has been filed on behalf of the
applicants seeking anticipatory bail in Case Crime No. 27/2026 under
Sections - 111(2)(B), 308(5), 115(2), 351(3), 317(2) BNS Police Station -
Mugalpura, District - Moradabad during the pendency of trial.
Urge has been made on behalf of the applicants that the applicant has no
concern with the offence alleged against him. The applicant is innocent
and has been falsely implicated in this case. No offence has been
committed by the applicant. In case the applicant is granted anticipatory
bail, there is no possibility of misusing the liberty of anticipatory bail.
Learned A.G.A. has contended that the accusation levelled against the
applicant is specific.
Insofar as the allegations are concerned, the same is very much apparent
on record that the applicants have been involved in unlawful activities. In
this case, bare perusal of the first information report itself shows that the
allegations are specific against the applicant. In case the applicant has any
grievance, he may avail remedy before the appropriate forum. No good
ground is made out for anticipatory bail.
NABAIL No. 4383 of 2026
2
Consequently, the instant anticipatory bail application is rejected.
It is made clear that observation made in this order shall have no bearing
on the merits of the case.
(Jai Prakash Tiwari,J.)
May 7, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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