Allahabad High Court
SHAVEJversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicant.
Summary
The applicant, Shavej, filed an anticipatory bail application under Section 482 of the Code of Criminal Procedure in a case (Crime No. 240 of 2026) under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, fearing arrest. He disclosed three prior criminal matters, two of which were police encounter cases from 2004, and asserted no other antecedents. The State opposed bail but did not dispute the factual contentions. The court noted the limited criminal history and the possibility of false implication, and, without expressing a view on the merits, granted anticipatory bail with standard conditions, including cooperation with police and no intimidation of witnesses. The bail may be cancelled if any condition is breached.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act given the applicant's prior criminal history.
- Whether the applicant's limited antecedents and the possibility of false implication justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482 CrPC
- Uttar Pradesh Gangsters Act
- false implication
- criminal antecedents
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9099 of 2026
Shavej
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Avinash Pandey
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.240 of 2026, under Section 2/3 of the Uttar
Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police
Station- Jhinjhana, District Shamli, 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 was
simultaneously implicated in three base cases, and on the basis of the said
three base cases, the applicant has been now implicated in the present
case under the Gangsters Act. Learned counsel for the applicant has
accepted that except the three base cases mentioned in the gang chart, the
applicant has no other criminal antecedents.
4. Learned AGA has opposed the prayer for bail but does not dispute the
factual contentions raised by the learned counsel for the applicant.
5. Taking note of the fact that the applicant has only three base cases
shown in the gang chart and all relate to the year 2024, where two cases
being Case Crime Nos.527 of 2004 and 528 of 2004, both relate to a
police encounter case. In the opinion of the Court, the false implication of
the applicant cannot be ruled out. The applicant has no other criminal
NABAIL No. 9099 of 2026
2
antecedents except the cases mentioned in the gang chart.
6. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
7. In view of the above, the anticipatory bail application of the applicant
is allowed.
8. In the event of the arrest of the applicant Shavej, 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;
9. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
10. 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 21, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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