Allahabad High Court
GOLDEN @ EHSAN AHMADversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that, given the applicant was not named in the FIR and there was a likelihood of false implication with no risk of repeat offence, anticipatory bail under Section 482 CrPC must be granted.
Summary
The applicant, Golden @ Ehsan Ahmad, sought anticipatory bail under Section 482 of the CrPC after being falsely implicated in an assault case where he was not named in the FIR. The State opposed bail, arguing the applicant's name appeared in injured parties' statements and citing his prior criminal history. The Court noted that the FIR named five accused and several unknown persons, and the applicant’s absence from the FIR raised a prima facie possibility of false implication. Considering the applicant’s lack of prior convictions and the low likelihood of repeat offence, the Court confirmed the interim anticipatory bail and granted it on the same terms as the earlier order. The observations were limited to the bail application and not an opinion on the merits of the underlying case.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but alleged to be falsely implicated.
- Whether the applicant's prior criminal history warrants denial of bail.
- Whether the presence of grievous injuries to the victims influences the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 190, 191(2), 191(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- false implication
- FIR
- criminal history
- grievous injury
- B.N.S. sections
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8615 of 2026
Golden @ Ehsan Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abdul Allam Ansari, Deepak Kumar
Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The applicant had been granted interim anticipatory bail by this Court
vide the order dated 20.08.2026 as the Learned A.G.A. had not received
instructions. Today, when the case has been called on, the Learned
A.G.A. has stated that he has received instructions.
2. I have heard the Learned counsel for the applicant and the Learned
A.G.A. for the State.
3. The applicant is not named in the FIR. The applicant claims that he has
been falsely implicated. The applicant has a criminal history of three
cases and he is not a previous convict.
4. The Learned A.G.A. has opposed the prayer for bail and has contended
that the name of the applicant has been disclosed by the injured in their
statements and no indulgence may be granted to the applicant.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The injured Vipul Kumar has received thirteen injuries. The injured
Priyanshu has received five injuries. The injured Vipul Kumar has
received a fracture in one finger and the injured Priyanshu has received a
fracture in the shaft of the ulna bone. Except the above two grievous
injuries, none of the injuries sustained by the injured have been opined to
be dangerous to life or grievous in nature. The applicant is not named in
the FIR. Taking note of the fact that the FIR has been lodged against five
named accused and ten to twelve unknown persons for alleged assault on
NABAIL No. 8615 of 2026
2
the two injured, in the prima facie opinion of the Court false implication
cannot be ruled out. The criminal history of the applicant has been
properly explained and in the opinion of the Court there is least likelihood
of the applicant repeating the criminal acts alleged against him in the near
future.
7. Taking into consideration the entire facts and circumstances of the
case, as discussed above, the anticipatory bail application of the applicant
is allowed.
8. The interim anticipatory bail granted to the applicant is hereby
confirmed. In the event of the arrest of the applicant- Golden @ Ehsan
Ahmad, in Case Crime No.112 of 2026, under Sections 191(2), 191(3),
190, 109(1), 115(2), 117(2) of the B.N.S., Police Station Kotwali, District
Ballia, he shall be enlarged on anticipatory bail, on the same terms and
conditions, as fixed in the earlier order dated 20.08.2026.
9. 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
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