Allahabad High Court
RAJANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The High Court of Allahabad considered an anticipatory bail application filed by Rajan under Section 482 of the CrPC in connection with FIR No. 137 of 2026 alleging assault under IPC sections 191(2), 115(2), 109 and 126(2). The applicant argued that the FIR named six accused without specifying roles, the injuries to the victim were minor and non‑vital, and the victim was intoxicated, suggesting a false implication motivated by prior animosity. The State opposed bail but could not show the applicant was a prior convict. The Court noted the minor nature of the injuries, the possibility of false implication, and the fact that similarly situated co‑accused had already been granted anticipatory bail. Consequently, the Court granted anticipatory bail to Rajan with standard conditions and the power to cancel it on breach.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC given the nature of the alleged offences.
- Whether the minor injuries and the victim's intoxicated state negate the seriousness required to deny bail.
- Whether the applicant's prior criminal history affects the grant of anticipatory bail.
- Whether there is a likelihood of false implication warranting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115(2), 126(2), 191(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- IPC sections 191 115 109 126
- false implication
- minor injuries
- bail conditions
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9366 of 2026
Rajan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Divyanshi Joshi, Manvendra Singh, Pushpa
Joshi
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 as well as
perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in
Case Crime No. 137 of 2026, under Sections 191(2), 115(2), 109, 126(2) BNS Police
Station-Qilla, District-Bareilly, with a prayer to enlarge him on anticipatory bail as the
applicant apprehend his arrest in the above-mentioned case.
3. Learned counsel for the applicant submits that six people have been named in the
FIR. No specific role has been given to any of the accused. The injured has received
two lacerated wounds, both on non-vital parts of the body. In his medical examination,
the injured has stated to the doctor that he had consumed about one and a half quarters
of country made wine. Learned counsel has stated that it appears that the injured
received injuries in some other manner and the FIR has been lodged only to ventilate
past grievances. One of the co-accused Ajay had earlier lodged an FIR against the
injured and three others and it is an outcome of this previous enmity that this FIR has
been lodged. The applicant has a criminal history of five cases and in all the cases, he
is on bail. The applicant is not a previous convict. Similarly situated co-accused Prince
@ Dinesh Kumar and Shivam Kumar Valmiki @ Shibbu have been granted
anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL
APPLICATION U/S 482 BNSS No. -7572 of 2026. The case of the applicant stands
on a similar footing to that of the co-accused.
4. Learned AGA has opposed the prayer for bail, however, could not dispute the fact
that the applicant is not a previous convict.
5. I have considered the submissions made by the Learned counsels for the parties.
6. The injured has not received any injury, which could be considered to be dangerous
NABAIL No. 9366 of 2026
2
to life. None of the injuries are on a vital part of the body. The accused have been
given a general role of assault on the injured and the number of accused is not
commensurate to the number of injuries which have been found on the person of the
injured. The injured was also in an inebriated state at the time of his medical
examination. There is a previous animosity in which an FIR has also been lodged
against the injured by one of the accused, Ajay. In the prima facie opinion of the
Court, false implication of the applicant cannot be ruled out. Similarly situated co-
accused Prince @ Dinesh Kumar and Shivam Kumar Valmiki @ Shibbu have already
been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. -7572 of 2026. The
case of the applicant stands on a similar footing to that of the co-accused.
7. Taking into account the facts and circumstances of the case, I deem it appropriate to
enlarge 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- Rajan, he shall be released forthwith in
the aforesaid case crime on anticipatory bail on furnishing of his personal bond and
surety 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;
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.
October 1, 2026
Sachin
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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