Allahabad High Court

KUMAIL ABBAS AND ANOTHERversusSTATE OF U.P.

Decided: 7 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The anticipatory bail application of the applicant No.2 is allowed.

Summary

The High Court considered two anticipatory bail applications filed under Section 482 of the Code of Criminal Procedure. The first applicant, Kumail Abbas, had already been arrested, rendering his application infructuous, and it was dismissed. The second applicant, Hasan Raza, sought anticipatory bail in Crime No. 033 of 2026, alleging false implication and noting that co‑accused with similar circumstances had been granted bail. The State opposed the relief, highlighting that the FIR named the applicant and that one victim sustained a hairline rib fracture. After evaluating the facts, the Court found no specific role for the applicant, no dangerous injury, and, following the precedent of granting bail to similarly situated co‑accused, allowed the anticipatory bail with standard conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant who is specifically named in the FIR.
Whether the injury to a victim constitutes a danger to life warranting denial of bail.
Whether the grant of bail to similarly situated co‑accused influences the decision on the applicant's bail.

Legislation cited

B.N.S., 2023 — s. 109(1), 131, 190, 191(2), 191(3), 351(3), 352

Subjects

anticipatory bail
Section 482 CrPC
false implication
FIR
injury to victim
bail conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8553 of 2026

Kumail Abbas And Another
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal
Counsel for Opposite Party(s) : G.A.

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

1. Learned counsel for the applicants states that the applicant No.1
Kumail Abbas has been arrested and this application has become
infructuous so far as the applicant No.1 is concerned.

2. This application is, therefore, dismissed as infructuous for the applicant
No.1.

3. Supplementary affidavit, filed today, is taken on the record.
4. Heard Learned counsel for the applicant No.2; and Learned A.G.A. for
the State.

5. The present anticipatory bail application has been filed on behalf of the
applicant No.2 in Case Crime No. 033 of 2026, under Sections 191(2),
191(3), 190, 352, 131, 351(3), 109(1) of the B.N.S., 2023, Police Station
– Jahangirabad, District Bulandshahr, with a prayer to enlarge him on
anticipatory bail, as the applicant No.2 apprehends his arrest in the
aforesaid case.

6. Learned counsel for the applicant no.2 states that the applicant no.2 has
been falsely implicated in the present case. The First Information Report
(FIR) has been lodged against fourteen named accused. Four persons are
stated to have received injuries. The applicant no.2 has not been given any
specific role. The applicant no.2 has a criminal history of one other case
in which he has not been convicted. Similarly situated co-accused Najaf
Ali, Hasan Ali, Akram Abbas, Suhail Abbas and Hasan Abbas have been
granted anticipatory bail till filing of police report by this Court in
NABAIL No. 8553 of 2026
2

NABAIL No. 3027 of 2026. The case of the applicant No.2 stands on a
similar footing.

7. Learned A.G.A. has opposed the prayer for bail and has contended that
out of the four injured, the injured Murtaza has received a hairline
fracture in the 9th rib. The applicant is specifically named in the FIR and
may not be considered for grant of anticipatory bail.

8. I have considered the submissions made by the Learned counsel for the
parties.

9. Similarly situated co-accused Najaf Ali, Hasan Ali, Akram Abbas,
Suhail Abbas and Hasan Abbas have been granted anticipatory bail till
filing of police report by this Court. The applicant No.2 has not been
given any specific role. No injury which could be considered to be
dangerous to life has been pointed out during arguments by the learned
A.G.A.

10. Taking into consideration the entire facts and circumstances of the
case, as discussed above, I deem it appropriate to enlarge the applicant
No.2 on anticipatory bail.

11. The anticipatory bail application of the applicant No.2 is allowed.

12. In the event of the arrest of the applicant No.2- Hasan Raza, 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 No.2 shall make himself available for interrogation by a
police officer as and when required;

ii. The applicant No.2 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 No.2 shall not leave India without the previous
permission of the Court;

iv. The applicant No.2 shall not pressurize/intimidate the prosecution
witness;
NABAIL No. 8553 of 2026
3

13. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.

14. 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
Kushal

Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…