Allahabad High Court
HARPAL SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant under Section 482 CrPC.
Summary
The High Court of Allahabad considered an anticipatory bail application filed by Harpal Singh, a 74‑year‑old accused in a case under Sections 109(1), 118(1), 351(3) and 352 of the B.N.S., 2023. The applicant argued that he had no prior conviction, was of advanced age, and that the injuries alleged were not grievous. The State opposed bail but did not dispute the factual matrix. Noting that co‑accused Akash and Pankaj of similar standing had already been granted regular bail and that the applicant was unlikely to repeat the offence, the Court found no reason to deny bail. Consequently, the Court granted anticipatory bail with a personal bond and specific conditions, reserving the right to cancel bail on breach. The order expressly limited its observations to the bail application and not to the merits of the criminal case.
Issues considered
- Whether anticipatory bail should be granted to an elderly accused under Section 482 CrPC in view of the nature of the alleged offences and his criminal antecedents
- Whether the applicant poses a risk of repeating the alleged offences
- Whether the conditions imposed are sufficient to safeguard the investigation and trial
Legislation cited
- B.N.S., 2023 — s. 109(1), 118(1), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- section 482 CrPC
- age factor
- bail conditions
- non‑grievous injury
- repeat offence risk
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8480 of 2026
Harpal Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Yadav, Rajeev Kumar,
Rajendra Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned Counsel for the applicant; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 58 of 2026, under Sections 109(1), 118(1),
351(3) and 352 of the B.N.S., 2023, Police Station – Jahangirpur, District
Bulandshahr, 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 contends that the applicant is an old
man aged about 74 years. He has a criminal history of one other case in
which he is not a previous convict. General role of wielding lathi, danda
and knife has been attributed to the three named accused. Co-accused
Akash and Pankaj have been granted regular bail by this Court in Bail
Application No. 27575 of 2026. None of the injuries sustained by the
injured have been opined to be grievous in nature or dangerous to life.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute
the factual submissions made by the Learned Counsel for the applicant.
5. I have considered the submissions made by the Learned Counsel for the
parties.
6. Similarly situated co-accused Akash and Pankaj have been granted
regular bail by this Court. None of the injuries have been opined to be
grievous in nature or dangerous to life. The applicant is an old man aged
NABAIL No. 8480 of 2026
2
about 74 years. Taking note of the explanation given by the applicant with
respect to his criminal antecedents, this Court is satisfied that the
applicant is not likely to repeat any such offence in the near future.
7. 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.
8. The anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicant- Harpal Singh, 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;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. 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.
(Rajiv Lochan Shukla,J.)
September 14, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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