Allahabad High Court
SABIRversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicant, Sabir, under Section 482 of the BNSS.
Summary
The High Court considered an anticipatory bail application filed by Sabir under Section 482 of the BNSS, 2023, in a case involving mutual violence that resulted in injuries to eleven persons. The applicant argued he had no criminal antecedents and that no specific role was assigned to him, citing that a similarly situated co-accused, Sameer, had been granted bail. The injured parties, represented by counsel, highlighted grievous injuries to two individuals and argued that the FIR was lodged by police, implying no false implication. The court examined the nature of the injuries, the lack of life‑threatening harm, and the possibility of false implication, and noted the precedent of Sameer's bail. After weighing the facts, the court deemed it appropriate to enlarge anticipatory bail, imposing standard conditions and reserving the right to cancel if breached.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS given the facts of the case.
- Whether the presence of grievous injuries to some victims precludes the grant of anticipatory bail.
- Whether the fact that a co‑accused (Sameer) was previously granted anticipatory bail influences the decision.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 191(2), 191(3), 333, 351(2), 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- false implication
- grievous injury
- bail conditions
- criminal antecedents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8225 of 2026
Sabir
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Alok Tripathi, Deepak Kumar Tiwari
Counsel for Opposite Party(s) : Ashish Kumar Singh, G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant; learned AGA for the State; and Sri Maan
Singh, learned Advocate, holding the brief of Sri Ashish Kumar Singh, learned
counsel appearing for one of the injured in the case, namely, Ishtakhar Ali.
2. The present anticipatory bail application has been filed on behalf of the applicant in
Case Crime No. 167 of 2026, under Sections 109, 117(2), 115(2), 333, 191(2), 191(3),
352, and 351(2) of the B.N.S., 2023, Police Station - Dhaulana, District Hapur, with a
prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the
aforesaid case.
3. Learned counsel for the applicant has contended that the police has lodged an FIR
regarding an incident in which two parties were indulging in violence which led to ten
persons receiving injuries from both the sides. The learned counsel has further
contended that no specific role has been assigned to any of the nominated accused.
The injured, who are eleven in number, have not received any injury which may be
considered to be dangerous to life. The applicant has no criminal antecedents.
Similarly situated co-accused Sameer has been granted anticipatory bail by this Court
in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS
No. - 8189 of 2026.
4. The learned counsel for the injured, Ishtakhar Ali, has contended that Ishtakhar Ali
has received grievous injury in the form of fracture of the nasal bone. Another injured
Intazar has received grievous injury in the form of fracture of the metacarpal bone.
The learned counsel has further submitted that as the FIR has been lodged by the
police, there is no occasion for any false implication. The learned counsel has further
submitted that the applicant and the other accused had applied for quashing of the
First Information Report before this Court in Criminal Misc. Writ Petition No. 15673
of 2026 which has been dismissed. No indulgence may be granted to the applicant and
his anticipatory bail application may be dismissed.
NABAIL No. 8225 of 2026
2
5. The learned AGA has adopted the submissions made by learned counsel for the
injured but does not dispute the fact that the applicant has no criminal antecedents.
6. I have considered the submissions made by the learned counsel for the parties.
7. The applicant has no criminal antecedents. Two sides were supposedly indulging in
violence which led to eleven persons receiving injuries. None of the injuries have been
opined to be dangerous to life. The grievous injuries that have been found on the
person of Intazar and Ishtakhar Ali prima facie do not appear to be sufficient in the
ordinary course of nature to cause death. The FIR has been lodged by the police on
information received from bystanders and people of the locality. False implication in
the present case cannot be ruled out. Similarly situated co-accused Sameer has already
been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8189 of 2026.
8. Taking into consideration the entire facts and circumstances of the case, as
discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail.
9. The anticipatory bail application of the applicant is allowed.
10. In the event of the arrest of the applicant- Sabir, involved in the aforesaid case
crime, he shall be released on anticipatory bail, on his furnishing a personal bond and
surety in the like amount to the satisfaction of the Station House Officer of the police
station/Court concerned, with the following conditions:-
i. The applicant shall make himself available for interrogation by a police officer as
and when required;
ii. 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;
iii. The applicant shall not leave India without the previous permission of the Court;
iv. The applicant shall not pressurize/intimidate the prosecution witness;
11. In case of breach of any of the above conditions, the Court concerned shall be at
liberty to cancel the bail.
12. It is made clear that observations made hereinabove are exclusively for deciding
the instant anticipatory bail application and are not to be considered to be an opinion
on the merits of the case.
September 8, 2026
Sachin
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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