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Allahabad High Court

ADITYA PRATAP SINGHversusSTATE OF U.P.

Decided

Holding

The Court allowed the anticipatory bail application, granting bail subject to conditions.

Summary

The High Court considered an anticipatory bail application filed by Aditya Pratap Singh under Section 482 of the CrPC in a robbery case (Crime No. 159 of 2026). The FIR named unknown persons, and the applicant's name appeared only in a co-accused's confessional statement after nine days, with no direct evidence against him. The applicant, a 25‑year‑old with no criminal record, offered to furnish sureties and cooperate with the investigation. The State opposed bail, alleging the applicant was an absconder with non‑bailable warrants, but could not produce any criminal antecedents. Weighing the lack of direct evidence and the applicant's clean record, the Court granted anticipatory bail subject to standard conditions, without expressing any opinion on the merits of the case.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 CrPC when only indirect evidence (confessional statement of a co‑accused) links the applicant to the alleged offence.
  • Whether the existence of non‑bailable warrants and alleged absconding precludes the grant of anticipatory bail.
  • Whether the applicant's lack of criminal antecedents and willingness to provide sureties justify the issuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • confessional statement
  • non‑bailable warrant
  • absconder
  • surety
  • criminal investigation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9287 of 2026

Aditya Pratap Singh
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                 :   Devendra Mani Tripathi
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.159 of 2026, under Sections 309(4), 317(2),
61(2)(A) BNS, Police Station- Soraon, District Prayagraj, 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 contends that the First Information
Report was lodged against unknown persons regarding the robbery of the
informant's bag, containing some jewellery and cash. Learned counsel for
the applicant has contended that the police allegedly arrested four accused
persons, from whom certain recoveries were effected, and it is in the
confessional statement of the arrested co-accused that the name of the
applicant has surfaced, after nine days of the occurrence. The applicant
has no criminal antecedents and will cooperate in the investigation. He is
ready to furnish sureties to the satisfaction of the concerned court/officer.

4. Learned AGA has opposed the prayer for bail and has stated that the
applicant is an absconder and non-bailable warrants have also been issued
against him. Learned AGA could not point out any criminal antecedents
of the applicant.

5. I have considered the submissions made by learned counsel for the
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                               2


parties. The applicant is stated to be a young man, aged about 25 years,
having no criminal antecedents. The name of the applicant has surfaced in
the confessional statement of the co-accused, and there does not appear to
be any direct evidence against the applicant.

6. Taking note of the entire facts and circumstances of the case, it would
be appropriate to consider the applicant for grant of anticipatory bail
during the pendency of the investigation. 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 Aditya Pratap Singh, he
shall be released forthwith in the aforesaid case crime on anticipatory bail
during the pendency of investigation, 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
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                                                                 3


                                    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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