Allahabad High Court
FAKAROOversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicant under Section 482 CrPC.
Summary
The applicant, Fakaroo, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case registered under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, alleging false implication. The applicant argued that he is already on bail in the sole base case and that co‑accused have been granted anticipatory bail in similar matters. The State opposed, highlighting the applicant's alleged criminal history of fifteen cases, contending that a repeat offender should not be granted bail. The court examined the nature of the prior cases, noting that four were under Section 174‑A IPC, one resulted in acquittal, and the applicant had no previous conviction. Considering the lack of a prior conviction, the existence of a single base case where the applicant is already on bail, and the precedent of bail to co‑accused, the court allowed the anticipatory bail with standard conditions. The order emphasized that the bail is limited to the present application and may be cancelled upon breach of conditions.
Issues considered
- Whether anticipatory bail can be granted to the applicant under Section 482 CrPC despite his alleged criminal history.
- Whether the fact that co‑accused have been granted anticipatory bail influences the decision.
- Whether the applicant is a previous convict for the purposes of bail considerations.
Legislation cited
Subjects
- anticipatory bail
- Section 482 CrPC
- U.P. Gangsters Act
- false implication
- criminal history
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9402 of 2026
Fakaroo
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Mishra, Ravesh Kumar
Singh
Counsel for Opposite Party(s) : Alok Shukla, G.A., Pramod Kumar
Shukla
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Supplementary Affidavit filed today is taken on the record.
2. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
3. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.326 of 2026, under Section 2/3 U.P.
Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police
Station-Goverdhan, District-Mathura, with a prayer to enlarge him on
anticipatory bail as the applicant apprehends his arrest in the above-
mentioned case.
4. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. Only single base case has been
shown in the gang chart against the applicant and in the said case, the
applicant is on bail. Co-accused Kaif, Mohammad Sad @ Kala @
Mohammad Sadan and Sajid @ Sijua have been granted anticipatory bail
by this Court in NABAIL Nos.8919/2026, 9220/2026 and 7873/2026. The
case of the applicant is at par with the co-accused.
5. Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has contended that the applicant has a criminal history of fifteen
cases. The applicant, being a repeat offender, may not be considered for
NABAIL No. 9402 of 2026
2
grant of anticipatory bail.
6. Rejoining the issue, Learned counsel for the applicant has contended
that out of the fifteen cases, four cases are under Section 174-A IPC. In
one other case, the applicant has been acquitted. The applicant is not a
previous convict.
7. I have considered the submissions made by the Learned counsels for
the parties.
8. Taking into consideration the fact that only single base case has been
shown against the applicant in which the applicant is on bail, the applicant
is not a previous convict and the co-accused have been granted
anticipatory bail by this Court, I deem it fit to enlarge the applicant on
anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicant
is allowed.
10. In the event of the arrest of the applicant- Fakaroo, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and surety 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;
NABAIL No. 9402 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.)
October 1, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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