Allahabad High Court

ASHRAFversusSTATE OF U.P.

Decided: 30 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted anticipatory bail to the applicant, subject to conditions.

Summary

The applicant, Ashraf, sought anticipatory bail in a criminal case (Crime No.527 of 2026) alleging assault on his cousin Aamir during a dispute in Saudi Arabia. The prosecution argued that the victim sustained nine injuries, including three lacerated wounds to the head, indicating an intent to kill. The defense contended that the injuries were not grievous, the dispute was petty, and the applicant had no prior criminal record. The court examined the medical report, which confirmed that none of the injuries were dangerous to life, and noted the lack of antecedents. Without expressing an opinion on the merits, the court deemed it appropriate to grant anticipatory bail with specific conditions, including surrender of passport and non‑intimidation of witnesses.

Issues considered

Whether the applicant is entitled to anticipatory bail despite allegations of assault causing multiple injuries.
Whether the nature of the injuries constitutes a grievous offence warranting denial of bail.
Whether the applicant poses a flight risk or threat to witnesses.

Subjects

anticipatory bail
Criminal Procedure Code
assault
medical report
no prior criminal record
bail conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION
U/S 482 BNSS No. - 9121 of 2026

Ashraf
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Anand Pati Tiwari
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. Supplementary affidavit filed by the Learned counsel for the
applicant today in Court, is taken on the record.
The present anticipatory bail application has been filed on
behalf of the applicant in Case Crime No.527 of 2026, under
Sections 115(2), 109(1), 351(3), 126(2) B.N.S., P.S.- Kotwali
Dehat, District- Bulandshahr, 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 is the cousin (mother's sister's son) of the injured
Aamir. The allegation is of the applicant and the other named
co-accused assaulting the injured due to some dispute which
took place amongst cousins who worked in the Kingdom of
Saudi Arabia, while in Saudi Arabia. Learned counsel for the
applicant contends that a petty dispute has been given the
colour of a criminal case. None of the injuries have been
opined by the Doctor to be dangerous to life. The F.I.R. is only
an attempt to prevent the applicant from travelling abroad. The
applicant has no criminal history.
NABAIL No. 9121 of 2026
2

4. Learned A.G.A. has opposed the prayer for bail and has
contended that the injured has received nine injuries. Three
injuries are lacerated wounds which were found on the head.
The intent of the applicant to kill the injured is quite clear. No
indulgence may be granted to the applicant.

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

6. From the perusal of the medical reports and the statement of
the Doctor, none of the injuries appear to be grievous in nature
or dangerous to life. The applicant has no criminal antecedents.
The dispute is supposedly on a petty issue amongst cousins.

7. 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.

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 Ashraf, 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 deposit his passport before the Court
concerned and shall not leave the country without 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
NABAIL No. 9121 of 2026
3

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.
October 1, 2026/Sachin

(Rajiv Lochan Shukla,J.)

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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