Allahabad High Court
ALOK RAIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, finding no material reason to deny bail under Section 482 CrPC.
Summary
Alok Rai applied for anticipatory bail under Section 482 of the Criminal Procedure Code in connection with Crime No. 112 of 2018, which alleged offences under Sections 147, 148, 323/149, 325/149, 308/149, 504 and 506 of the IPC. He claimed he was falsely implicated, was exonerated during investigation, and had no involvement in tampering with evidence or intimidating witnesses. The State opposed the bail, alleging the applicant had avoided court appearances since the 2024 summons. The Court noted that co‑accused in the same case had been granted anticipatory bail, found no evidence of misconduct by the applicant, and considered his willingness to cooperate. Accordingly, the Court granted anticipatory bail with standard conditions, directing the applicant to appear before the trial court within four weeks and to furnish bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to Alok Rai under Section 482 CrPC in view of the allegations and his alleged non‑cooperation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319, 482
- Indian Penal Code — s. 147, 148, 308/149, 323/149, 325/149, 504, 506
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- witness intimidation
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9259 of 2026
Alok Rai
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant; and learned A.G.A. for the State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 112 of 2018, under Sections 147, 148, 323/149,
325/149, 308/149, 504, 506, IPC, Police Station - Mahuli, District Sant
Kabir Nagar, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.
3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant was not found involved
in the offence during investigation. It is after the statement of the witnesses
recorded in the Court that the applicant has been summoned in exercise of
powers under Section 319 Cr.P.C. by the order dated 04.11.2024. The
applicant undertakes to join the proceedings and assist in the expeditious
disposal of the trial. It is further contended that similarly situated co-accused
Ashthbhuja Rai and Bablu Rai @ Dharmendra Rai have been granted
anticipatory bail by this Court in NABAIL Nos. 6138 of 2026 and 7953 of
2026 respectively. The applicant has criminal history of one other case, but
he is not a previous convict.
4. The learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant has been avoiding the proceedings of the Court
and the summoning order is of the year 2024 and till date he has not
appeared before the Court.
5. I have considered the submissions made by the learned counsel for the
NABAIL No. 9259 of 2026
2
parties.
6. The applicant, although named in the FIR, was exonerated during
investigation. There is no allegation against the applicant of tampering with
the evidence or intimidating witnesses. The applicant has undertaken to
cooperate in the expeditious disposal of the trial. Similarly situated co-
accused Ashthbhuja Rai and Bablu Rai @ Dharmendra Rai have been
granted anticipatory bail by this Court.
7. Taking into consideration the entire facts and circumstances of the case, as
discussed above, I deem it appropriate to enlarge the applicant on
anticipatory bail.
8. The anticipatory bail application of the applicant is allowed.
9. The applicant - Alok Rai shall appear before the trial Court within four
weeks from today and shall be released on bail on filing his personal bond
and two sureties in the like amount to the satisfaction of the Court concerned
with the following conditions:-
i. The applicant shall remain present before the trial Court on each date fixed
unless exempted by the trial Court;
ii. 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. The applicant shall not leave India without the previous permission of the
Court;
iv. 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 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 28, 2026
Junaid
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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