Allahabad High Court
ANASversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court allowed the anticipatory bail application, finding no sufficient ground to deny it.
Summary
The applicant, Anas, filed an anticipatory bail application under Section 482 of the CrPC in a case where a charge sheet had been filed against him for cheating under Section 413 IPC, in addition to earlier charges under Sections 411 and 414 IPC. The applicant claimed false implication and asserted that he would cooperate with the investigation, not tamper with evidence, or abscond. The State opposed, arguing that once a charge sheet is filed there is no apprehension of arrest and the applicant could seek regular bail. The court noted that the applicant was already on bail for the other offenses, had no prior criminal record, and posed no risk of tampering or absconding. Consequently, the court granted anticipatory bail with standard conditions and the power to cancel it upon breach.
Issues considered
- Whether anticipatory bail can be granted after the filing of a charge sheet under Section 413 IPC
- Whether the applicant poses a risk of tampering with evidence, absconding, or influencing witnesses
- Whether the existence of prior bail for other offenses affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 411, 413, 414
Subjects
- anticipatory bail
- Section 482 CrPC
- Section 413 IPC
- cheating
- bail conditions
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8534 of 2026
Anas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Sharma
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.73 of 2023, under Section 413 IPC, Police
Station- Ganjdundwara, District Kasganj, 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 has contended that the applicant and
the co-accused were falsely implicated and were arrested by the police
supposedly in possession of stolen two-wheelers. The applicant was
produced before the concerned court and applied for bail which was
granted by the concerned court vide order dated 23.3.2023. The
investigation kept on pending and later, the charge sheet has now been
filed along with other offenses for the added offense under Section 413
IPC.
4. Learned counsel for the applicant states that pursuant to the filing of the
charge sheet, the applicant apprehends his arrest. The applicant shall
cooperate in the expeditious disposal of the trial and will not abscond and
tamper with the evidence, he may be considered for grant of anticipatory
bail.
5. Learned AGA has opposed the prayer for bail and has contended that
NABAIL No. 8534 of 2026
2
once the charge sheet has been filed, there is no apprehension of arrest.
The applicant may appear before the concerned court and may apply for
bail.
6. I have considered the submissions made by learned counsel for the
parties.
7. The applicant is on bail for the offense under Sections 411 and 414
IPC. There is no allegation against the applicant of tampering with the
evidence, not cooperating with the investigation, or otherwise absconding.
Offense under Sections 411 and 414 IPC are triable by any Magistrate but
the offense under Section 413 IPC is triable by court of session.
8. Taking note of the entire facts and circumstances of the case, especially
the fact that present case applicant has no other reported criminal history
to his credit, I deem it fit to enlarge the applicant on anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicant
is allowed.
10. In the event of the arrest of the applicant Anas, he shall be released
forthwith in the aforesaid case crime on anticipatory bail on furnishing a
personal bond and surety each 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;
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3
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.
(Rajiv Lochan Shukla,J.)
September 8, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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