Allahabad High Court
AYYUBversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court confirmed the interim anticipatory bail granted to the applicant, holding that the allegations do not substantiate the offence and the applicant may remain on bail till trial.
Summary
The applicant sought anticipatory bail under Section 482 of the CrPC in a murder‑related case (Crime No. 191 of 2025) where a charge‑sheet had already been filed. The applicant claimed false implication, arguing that the FIR initially listed Sections 115(2), 140(1), 109 B.N.S. and later added Section 108 B.N.S., but that the post‑mortem report and CCTV evidence did not satisfy the ingredients of the offence under Section 108. The court noted that co‑accused had already been granted bail by a coordinate bench. Considering the lack of evidential basis for the charge and the applicant’s claim of false implication, the court confirmed the interim anticipatory bail previously granted on 13‑Nov‑2025, subject to the same conditions, and allowed the application.
Issues considered
- Whether the applicant is entitled to confirmation of anticipatory bail despite the filing of a charge‑sheet.
- Whether the ingredients of the offence under Section 108 B.N.S. are established on the material collected.
Legislation cited
- B.N.S. Act — s. 108, 109, 115(2), 140(1)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- false implication
- charge sheet
- Section 108 B.N.S.
- Criminal Procedure Code
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION
U/S 482 BNSS No. - 8824 of 2025
Ayyub
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicants and learned AGA for the
State.
The instant Anticipatory Bail Application has been filed with a
prayer to grant an anticipatory bail to the applicant, in Case
Crime No. 191 of 2025, under Sections 108 BNS, Police Station
Doghat, District- Baghpat.
Applicant is already on interim anticipatory bail by the order
dated 13.11.2025.
Learned AGA on the basis of instructions has stated that charge-
sheet has already been submitted against the applicant.
Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. Initially, the first
information report was lodged under Sections 115(2), 140(1), 109
B.N.S. During the course of investigation Section 108 B.N.S. was
added by the Investigating Officer. According to the postmortem
report, the cause of death is due to 'sepsis and its sequlae
consequent upon antemortem thermal flame burns involving 91
percent of total body surface area'. Further, as per the allegations
in the first information report, CCTV footage and the material
collected during the course of investigation, the necessary
ingredients to constitute the offence under Section 108 B.N.S. are
not made out. The co-accused Smt. Ankita, Smt. Baby and Sushil
have been granted bail by the coordinate Bench of this Court vide
order dated 07.01.2026 and 13.03.2026 in Criminal Misc. Bail
Application Nos.44571 of 2025 and 8603 of 2026.
Therefore, considering the facts and circumstances of the case
discussed above, interim anticipatory bail earlier granted to the
NABAIL No. 8824 of 2025
2
applicant vide order dated 13.11.2025 is hereby confirmed.
Applicant shall remain on anticipatory bail till conclusion of trial
on the earlier conditions imposed upon him by this Court.
The application is allowed.
May 7, 2026
S.K.
(Jai Prakash Tiwari,J.)
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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