Allahabad High Court

VIKAS @ MUDDUversusSTATE OF U.P.

Decided: 7 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that, given the applicant's clean record and the affidavits exonerating him, anticipatory bail under Section 482 CrPC was warranted.

Summary

The High Court of Allahabad entertained an anticipatory bail application under Section 482 of the Criminal Procedure Code filed by Vikas @ Muddu, who feared arrest in a case involving offences under Sections 109, 115, 351, 352, 117 and 3 of the IPC. The applicant claimed false implication, noting that the FIR named him based on villagers' information while the informant and injured party had filed affidavits stating the assailants were unknown and masked. The counsel highlighted that the applicant has no prior convictions and that similarly situated co‑accused had been granted anticipatory bail in earlier proceedings. The State opposed bail but did not dispute the applicant’s clean antecedent or the exonerating affidavits. After considering the facts, the court found no substantive basis to detain the applicant and ordered that anticipatory bail be granted with standard conditions, reserving the right to cancel bail on breach.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 CrPC despite the FIR naming him.
Whether the applicant's lack of prior convictions and the exonerating affidavits justify granting bail.
Whether the precedent of granting bail to co‑accused in similar cases influences the decision.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

anticipatory bail
Section 482 CrPC
false implication
bail conditions
criminal antecedent
Uttar Pradesh
Meerut
FIR
exonerating affidavits

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 8814 of 2026

Vikas @ Muddu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Ravindra Kumar Yadav, Sandeep Kumar
Yadav
Counsel for Opposite Party(s) : G.A.

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

1. Heard Learned counsel for the applicant and Learned A.G.A. for the State
as well as perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.369 of 2026, under Sections 109(1), 115(2),
351(3), 352, 117(2), 3(5) B.N.S., Police Station-Sardhana, District-Meerut,
with a prayer to enlarge him on anticipatory bail as the applicant apprehends
his arrest in the abovementioned case.

3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant although named in the
FIR has not been given any specific role. The informant Anuj Pal and the
injured Shubham have during investigation filed their affidavits stating that
unknown assailants, who had covered their faces, had assaulted them and the
informant had named the applicant and the other accused on the basis of
information given to them by the villagers. Certain other witnesses have also
given their affidavits. The Learned counsel for applicant contends that the
applicant has criminal history of two other cases, but the applicant is not a
previous convict. The Learned counsel for the applicant contends that
similarly situated co-accused Brajpal, Deepak and Ankit have been granted
anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY
BAIL APPLICATION U/S 482 BNSS No.- 8130 of 2026, 8144 of 2026 and
7353 of 2026.
NABAIL No. 8814 of 2026
2

4. Learned AGA has opposed the prayer for bail however does not dispute
the explanation given by the applicant with respect to the criminal
antecedent not the fact that the injured and informant given affidavits
denying the participation of the applicant in the FIR.

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

6. The applicant has no criminal antecedents. The informant and the injured
have given their affidavits exonerating the nominated accused. The affidavits
indicate that the injured were assaulted by some unknown assailants who
had covered their faces. The name of the applicant was introduced on the
basis of the information supposedly given to them by villagers. Similarly
situated co-accused Brajpal, Deepak and Ankit have been granted
anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY
BAIL APPLICATION U/S 482 BNSS No. - 8130 of 2026, 8144 of 2026 and
7353 of 2026.

7. Taking into account the facts and circumstances of the case, I deem it
appropriate to enlarge 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-Vikas @ Muddu, 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;
NABAIL No. 8814 of 2026
3

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

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.

September 8, 2026
Sartaj
(Rajiv Lochan Shukla,J.)

Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad

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