SURESHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9395 of 2026

Suresh
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                        :    Ankit Agarval
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 Criminal Case No. 3208 of 2026 (arising out of Case Crime
No. 527 of 2025), (State Vs. Sachin and others), under Sections 110, 352 and
115(2) of B.N.S., Police Station- 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 contends that the applicant has been
falsely implicated in the present case. There are cross versions and both
the sides have received injuries. Three persons from the side of the
applicant have received injuries. The offences in question in the event of a
conviction do not entail a punishment of more than 7 years. The applicant
was not arrested during investigation and now once a charge sheet has
been filed, he is no longer required for any custodial interrogation.
Similarly situated co-accused Sachin and Tejvir have been granted
anticipatory bail by this Court in NABAIL Nos. - 9399 of 2026 and 9389
of 2026 respectively. The applicant has a criminal history of two cases in
which he is on bail.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has submitted that the applicant is one of the main accused in the
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present case. The three injured have received grievous injuries and one of
the injured Sunil has received injuries, which could be categorized to be
dangerous to life as he has received a fracture of right parietal bone. The
Learned A.G.A. however could not dispute the explanation given with the
record to his criminal antecedents.

5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.

6. The applicant was not arrested during the investigation. There are cross
cases and both the sides claim injuries. In the opinion of the Court, it
would not be appropriate to hold which side is the aggressor at the present
stage. The offences in question in the event of a conviction do not entail a
punishment of more than 7 years. The offence under section 110 BNS is
triable by Court of Sessions. Similarly situated co-accused Sachin and
Tejvir have already been granted anticipatory bail by this Court in
NABAIL Nos. - 9399 of 2026 and 9389 of 2026. The applicant has
satisfactorily explained his criminal antecedents.

7. Taking into account all the facts and circumstances of the case, in the
prima facie opinion of the Court, case for grant of anticipatory bail is
made out. So far as criminal antecedents of the applicant are concerned,
they have been appropriately explained and in the opinion of the Court,
applicant is not likely to repeat such offence in the near future.

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 -Suresh, 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,
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                                                                   3


                                    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.



                                                                                      (Rajiv Lochan Shukla,J.)
                                    September 17, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad