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Allahabad High Court

SATYENDRA @ SATYENDRA KUMAR GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that, considering the grant of anticipatory bail to similarly situated co‑accused and the satisfactory explanation of the applicants' criminal history, the anticipatory bail application under Section 482 CrPC is allowed.

Summary

The applicants filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case involving multiple IPC offences and a provision of the Criminal Law Amendment Act, alleging false implication in an FIR concerning stone‑pelting and road‑jam. They argued that they were unaware of the trial, had not been served summons, and that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail but could not dispute the earlier bail orders for the co‑accused. The Court examined the facts, the applicants' criminal history, and the precedent of bail granted to the co‑accused. Finding the applicants' circumstances comparable and their antecedents satisfactorily explained, the Court allowed the anticipatory bail with standard conditions. The order emphasized that the bail is limited to the present application and does not constitute an opinion on the merits of the case.

Issues considered

  • Whether anticipatory bail should be granted to the applicants under Section 482 CrPC given the facts and the grant of bail to similarly situated co‑accused.
  • Whether the applicants' criminal antecedents and the circumstances of the case justify the issuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • Indian Penal Code
  • Criminal Law Amendment Act
  • false implication
  • co-accused bail precedent
  • bail conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 9412 of 2026

Satyendra @ Satyendra Kumar Gupta And Another
                                                             .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)           :   Rajesh Kumar Singh, Sanjay Singh
Counsel for Opposite Party(s)      :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, learned counsel for the applicants and learned AGA for the State.

2. The present anticipatory bail application under Section 482 of BNSS has
been filed by the applicants in Case Crime No. 883 of 2015, under Sections
147, 148, 149, 332, 333, 336, 353, 341, 283, 307, 308 IPC and Section 7
Criminal Law Amendment Act, P.S. Ubhaun, District Ballia, with a prayer
to enlarge them on anticipatory bail as the applicants apprehend their arrest
in the above-mentioned case.

3. It is contended by learned counsel for the applicants that the accused
applicants have been falsely implicated in FIR dated 05.08.2015 lodged by
the police against 53 named and 220 anonymous persons. The allegation in
the FIR is of committing the road jam and stone pelting on police on the
point of murder of one of person of the village. It is further contended that
after submission of charge sheet, the applicants have never been served
summons or warrants and the applicants were not aware of the pendency of
the trial. The processes have been issued. The accused, who have appeared
before the trial Court, have already been acquitted. The Learned counsel for
the applicant has further contended that the applicant No.1 has a criminal
antecedent of one case, in which he has not been convicted and is on
anticipatory bail under the orders of the Learned Sessions Judge, Ballia.
Similarly situated co-accused Tarun @ Mantu, Pankaj and Vinod Kumar @
Vinod Prasad, have been enlarged on anticipatory bail by this Court in a
common order dated 28.07.2026 leading with CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7508 of
                                                          NABAIL No. 9412 of 2026
                                2


2026. The co-accused Umesh@ Sanjeev Kumar, Dharmendra Kumar, Sunil
Kumar & Mithilesh Kumar have also been enlarged on anticipatory bail by
this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION
U/S 482 BNSS No. - 6517 of 2026. Case of the applicants stands on a
similar footing to that of the co-accused.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
however, could not dispute the fact that similarly situated co-accused have
already been enlarged on anticipatory bail by this Court.

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

6. Taking into account all the facts and circumstances of the case, as also the
fact that situated co-accused Tarun @ Mantu, Pankaj and Vinod Kumar @
Vinod Prasad, have been enlarged on anticipatory bail by this Court in a
common order dated 28.07.2026 leading with CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7508 of
2026. The co-accused Umesh@ Sanjeev Kumar, Dharmendra Kumar, Sunil
Kumar & Mithilesh Kumar have also been enlarged on anticipatory bail by
this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION
U/S 482 BNSS No. - 6517 of 2026 and criminal history of the applicants
have been satisfactorily explained, I deem it fit to enlarge the applicants on
anticipatory bail.

7. In view of the above, the anticipatory bail application of the applicants is
allowed.

8. In the event of the arrest of the applicants Satyendra @ Satyendra
Kumar Gupta and Ramesh Urf Rakesh, they 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 applicants shall make themselves available for interrogation by a police
officer as and when required;

ii. that the applicants 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 them from disclosing such facts to the Court or to any police
officer;
                                                                                            NABAIL No. 9412 of 2026
                                                                     3


                                    iii. that the applicants shall not leave India without the previous permission
                                    of the Court;

                                    iv. that the applicants 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 for
                                    deciding the instant anticipatory bail application and are not to be considered
                                    to be an opinion on the merits of the case.

                                    September 11, 2026
                                    Sartaj
                                                                                        (Rajiv Lochan Shukla,J.)




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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