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Allahabad High Court

HARI SHARAN TIWARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court granted anticipatory bail to the applicant.

Summary

The High Court considered an anticipatory bail application filed under Section 482 CrPC in a case under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant, Hari Sharan Tiwari, claimed false implication and pointed out that he was already on bail in the only base case shown against him and had no prior convictions. The State opposed the bail but could not refute the applicant’s submissions. Weighing the lack of criminal history and the fact that the applicant was already on bail, the Court deemed it appropriate to grant anticipatory bail. The Court imposed standard conditions, including cooperation with police, no intimidation of witnesses, and no travel abroad without permission, and warned that breach could lead to cancellation.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in view of the facts of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • U.P. Gangsters Act
  • false implication
  • bail conditions
  • criminal history

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 8484 of 2026

Hari Sharan Tiwari
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Chandan Kumar Chaturvedi, Rajesh
                                Tewari
Counsel for Opposite Party(s) : G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned Counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.645 of 2025, under Sections 2(b)(i), 3(1), 3/2
of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.
- Kotwali Dehat, District- Saharanpur, with a prayer to enlarge him on
anticipatory bail as the applicant apprehends his arrest in the above-
mentioned case.
3. Learned Counsel for the applicant submits that the applicant has been
falsely implicated in the present case. Only single base case has been
shown in the gang chart against the applicant and in the said case, the
applicant is on bail. The applicant has not been convicted in any offence.
The applicant has no other criminal history except the single base
case shown against him in the gang chart.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail, however, has been unable to dispute the submissions made by the
Learned Counsel for the applicant.

5. I have considered the submissions made by the Learned Counsels for
the parties.

6. Taking into consideration the fact that only single base case has been
                                                                                          NABAIL No. 8484 of 2026
                                                                   2


                                    shown against the applicant in which the applicant is on bail, having no
                                    other criminal history and also the fact that applicant is not a previous
                                    convict, I deem it fit to enlarge the applicant on anticipatory bail.

                                    7. In view of the above, the anticipatory bail application of the applicant
                                    is allowed.
                                    8. In the event of the arrest of the applicant Hari Sharan Tiwari, he shall
                                    be released forthwith in the aforesaid case crime on anticipatory bail on
                                    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. that 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. that the applicant shall not leave India without the previous permission
                                    of the Court;
                                    iv. that the applicant shall not pressurize/intimidate the prosecution
                                    witness;
                                    9. In case of breach of any of the above conditions, the Court concerned
                                    shall be at liberty to cancel the bail.
                                    10. 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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