Allahabad High Court
ARUN BABUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant, finding no sufficient ground to deny it.
Summary
The applicant, Arun Babu, filed an anticipatory bail application under Section 482 of the CrPC in connection with a criminal case (Crime No. 230 of 2026) involving alleged offences under Sections 331(4) and 109 of the IPC and Sections 3 and 25 of the Arms Act. He is the son of the informant, who is also an injured witness, and argues that he has not been named in the FIR and has no prior criminal record. The State opposed bail but could not demonstrate any antecedent criminal conduct by the applicant. The Court observed that the FIR was lodged after a delay, the applicant’s alleged involvement appears to be an afterthought, and there is no evidence of serious injury to the witnesses. Considering these facts and the absence of any criminal antecedents, the Court granted anticipatory bail with standard conditions. The order emphasizes that the bail is granted without any opinion on the merits of the underlying case.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC despite the pending charges under the IPC and Arms Act.
- Whether the applicant's alleged implication in the FIR is sufficient to deny bail.
- Whether the applicant's lack of criminal antecedents and non-mention in the FIR justify the grant of bail.
Legislation cited
- Arms Act — s. 25, 3
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 331(4)
Subjects
- anticipatory bail
- Section 482 CrPC
- Indian Penal Code
- Arms Act
- property dispute
- FIR delay
- witness intimidation
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8552 of 2026
Arun Babu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijaya Shankar Shukla
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.230 of 2026, under Sections 331(4), 109 BNS
and Sections 3/25 Arms Act, Police Station-Kotwali, District Pilibhit,
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 contends that the applicant is the son
of the informant from his first wife. Despite this fact and the informant
being injured witness, the applicant has not been named in the FIR. The
injured, who are two in number including the informant, have received
two injuries each and there is no supplementary report to indicate the
injuries being grievous in nature or dangerous to life. The applicant has
no criminal antecedents.
4. Learned AGA opposed the prayer for bail but could not point out any
criminal antecedents of the applicant.
5. I have considered the submissions made by learned counsel for the
parties.
6. The applicant is the son of the informant. The mother of the applicant is
said to have died due to cancer and the informant was living with one
NABAIL No. 8552 of 2026
2
Lalita Devi who has four children of her own from her first marriage.
Prima facie, it appears that some property which was purchased in the
name of Lalita Devi after the informant had sold a portion of his own
property has led to the dispute between the parties. The FIR itself has
been lodged with a delay of two days and despite this fact, the applicant,
who is the son of the informant, has not been named. In the opinion of the
Court, the subsequent implication of the applicant and his other brothers
in the statement of the informant may be an afterthought or a false
implication.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant
is allowed.
9. In the event of the arrest of the applicant Arun Babu, 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;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
NABAIL No. 8552 of 2026
3
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 8, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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