Allahabad High Court
FARMAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicants under Section 482 of the Criminal Procedure Code.
Summary
The High Court of Allahabad entertained an anticipatory bail application under Section 482 of the Criminal Procedure Code filed by Farman and Asik, who were named in an FIR for alleged assault. The applicants argued that the FIR only ascribed a general role to them, the injuries sustained by the victims were simple and not grievous, and they had no prior criminal record. The State opposed bail, highlighting that a 14‑year‑old child was also injured, but could not demonstrate that the injuries were grievous or life‑threatening. After examining the facts, the Court observed that the nature of the injuries and the possibility of false implication due to prior enmity did not justify denial of bail. Consequently, the Court granted anticipatory bail with standard conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether anticipatory bail should be granted under Section 482 CrPC given the alleged assault and nature of injuries.
- Whether the alleged injuries constitute grievous hurt warranting denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- simple injury
- false implication
- criminal antecedents
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9237 of 2026
Farman And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Saif Ullah, Sudhakar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, 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
applicants in Case Crime No.111 of 2026, under Sections 110, 115(2),
351(3), 352, 3(5) BNS, Police Station- Chandausi, District Sambhal, with
a prayer to enlarge them on anticipatory bail as the applicants apprehend
their arrest in the above-mentioned case.
3. Learned counsel for the applicants has contended that although the
applicants have been named in the FIR, only a general role has been
assigned to them. The two injured persons have received two injuries
each, and none of the injuries has been opined to be grievous in nature or
dangerous to life. The applicants have no criminal antecedents.
4. Learned AGA as well as learned counsel for the informant have
opposed the prayer for bail, but could not point out any injury which may
be considered to be grievous in nature or dangerous to life. Learned
counsel for the informant has argued that a 14-year-old child has also
been hurt in the assault made by the applicants. The injury is on a vital
part of the body, and it is only due to a stroke of luck that the injured did
not sustain any further grievous injury.
5. I have considered the submissions made by learned counsel for the
parties.
NABAIL No. 9237 of 2026
2
6. Both the injured have received simple injuries. The incident, as
described by the injured witnesses, is that applicant Farman had an
altercation with the injured while he was coming from near a marriage
hall. It is the applicant, Farman, who thereafter called the other accused,
who allegedly assaulted the injured using kicks, fists and sticks.
7. The mode and manner of assault, as described in the FIR and the
statements of the witnesses, as well as the nature and number of injuries
sustained by the injured, in the prima facie opinion of the Court, do not
rule out the possibility of false implication of the applicants due to
previous enmity. The applicants have no criminal antecedents.
8. 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 applicants on anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicants
is allowed.
10. In the event of the arrest of the applicants Farman and Asik, they
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 applicants shall make themselves available for interrogation by a
police officer as and when required;
ii. that the applicants 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 them from disclosing such facts to the Court or
to any police officer;
iii. that the applicants shall not leave India without the previous
permission of the Court;
iv. that the applicants shall not pressurize/intimidate the prosecution
witness;
NABAIL No. 9237 of 2026
3
11. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
12. 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 16, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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