Allahabad High Court
GANESH SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the applicant is entitled to anticipatory bail.
Summary
The applicant, Ganesh Singh, filed an anticipatory bail application under Section 482 of the B.N.S. in a case alleging assault under Sections 109, 115(2), 351(3) and 3(5). He claimed he was falsely implicated, stating that the FIR was lodged by the injured party who named him and two others, and that the injuries were not substantiated by any medical or specialist report. The State opposed the bail but could not refute the applicant's factual contentions, while noting that a co-accused, Basant Singh, had already been granted regular bail. The Court examined the medical examination record, the lack of supplementary reports, and the applicant's clean criminal record, and concluded that the applicant had made out a case for anticipatory bail. Consequently, the Court granted anticipatory bail with standard conditions, emphasizing that the order is limited to the bail application and not an opinion on the merits of the case.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 482 of the B.N.S. in view of the alleged false implication.
- Whether the lack of medical and specialist reports on the alleged injuries justifies granting bail.
- Whether the conditions imposed on anticipatory bail are appropriate and sufficient.
Legislation cited
- B.N.S. — s. 109, 115(2), 3(5), 351(3), 482
Subjects
- anticipatory bail
- Section 482
- false implication
- assault
- bail conditions
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 8936 of 2026
Ganesh Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Rai
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.82 of 2026, under
Sections 109, 115(2), 351(3), 3(5) of the B.N.S., P.S.- Dokati,
District- Ballia, 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 has contended that the
applicant has been falsely implicated in the present case. The
F.I.R. has been lodged by the injured himself, nominating the
applicant and two others. Co-accused Basant Singh has been
granted regular bail by this Court in Criminal Misc. Bail
Application No. 25695 of 2026.The injured although is stated
to have received seven injuries but there is no supplementary
report or any other report which may indicate that the said
injuries were either grievous in nature or dangerous to life.The
applicant has no criminal antecedents and a false case has been
registered after about seven hours of the occurrence.
4. Learned A.G.A. has opposed the prayer for grant of
anticipatory bail but could not dispute the factual assertions
made by the Learned counsel for the applicant.
NABAIL No. 8936 of 2026
2
5. I have considered the submissions made by the Learned
counsel for the parties and perused the material brought on the
record.
6. The injured was medically examined at C.H.C. Sonbarsa,
Ballia, on 25.05.2026. He was referred to a surgeon for further
specialist opinion. However, no such specialist opinion or any
supplementary report is available on record.The applicant has
been given a general role of assault along with the other co-
accused. Similarly situated co-accused has been granted regular
bail by this Court.
7. Considering the entire facts and circumstances of the case, in
the opinion of the Court, the applicant has made out a case for
grant of 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 Ganesh Singh, 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.
11. It is made clear that observations made hereinabove are
NABAIL No. 8936 of 2026
3
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 9, 2026
Sachin
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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