Allahabad High Court
GHOORE @ ASHIRVADversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Considering the applicant’s lack of criminal antecedents, the cross‑version of the FIR, low flight risk and the precedent of bail to co‑accused, the Court held that anticipatory bail under Section 482 CrPC must be granted.
Summary
The applicant, Ghoore @ Ashirvad, filed an anticipatory bail application under Section 482 of the CrPC in a case (Crime No. 178 of 2026) alleging false implication in offences under Sections 109, 115(2), 333 and 352 IPC. He claimed the FIR was lodged a day after the incident and that there was a cross‑version of facts, with injuries on both sides, and that he had no prior criminal record. The State opposed the bail. The Court referred to Supreme Court precedents on anticipatory bail, emphasizing factors such as the nature of the accusation, criminal antecedents, false implication, flight risk and cooperation with investigation. Noting the cross‑version, low flight risk, the applicant’s clean record and that similarly situated co‑accused had been granted bail, the Court allowed the anticipatory bail without commenting on the merits. Conditions were imposed, including cooperation with police, no intimidation of witnesses, and no travel abroad without permission.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC given the facts of false implication and lack of criminal antecedents.
- Whether the cross‑version of the FIR, low flight risk and the precedent of bail to co‑accused justify granting anticipatory bail.
- Whether the conditions imposed are appropriate to safeguard the investigation and trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115(2), 333, 352
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- flight risk
- criminal antecedent
- IPC sections 109,115(2),333,352
- bail conditions
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9606 of 2026
Ghoore @ Ashirvad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Keshari Nandan Singh
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.178 of 2026, under Sections 109, 115(2), 333,
352 BNS, Police Station- Chandauli, District Chandauli, with a prayer to
enlarge him on anticipatory bail as the applicant apprehends his arrest in
the above-mentioned case.
3. It is contended by learned counsel for the applicant that the applicant
has been falsely implicated in the present case. The incident in question is
said to have occurred on 21.04.2026 but the FIR was lodged belatedly on
22.04.2026, with the allegation that four accused have assaulted the
informant and his family members It is contended that there is cross
version of the FIR and cross case, wherein two injured from the side of
the accused applicant and one injured from the side of the informant, both
are related. The applicant has no criminal antecedents. It is further
contended that similarly situated co-accused Pramod Yadav and Pyare
Yadav have been granted anticipatory bail by this Court on 14.07.2026 in
NABAIL No.6529 of 2026 and case of applicant of applicant stands on
similar footing to that of co-accused. The applicant undertakes that he will
cooperate in the investigation and will not violate conditions of the
anticipatory bail.
NABAIL No. 9606 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicants.
5. The scope of ambit of anticipatory bail is encapsulated in three
insightful judgments of Hon'ble Supreme Court right from Gurubaksh
Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565,
Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in
(2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of
Delhi) and another reported in (2020) 5 SCC 1, wherein it is consistently
held by Hon'ble Apex Court that while granting anticipatory bail, the
Court should consider the application of the applicant to evaluate the
threat or apprehension of arrest vis-a-vis the nature and gravity of
accusation, criminal antecedent of the accused, false or exaggerated
implication, need of custodial interrogation, willingness of the accused to
cooperate in investigation and trial and the conduct of the accused and
flight risk.
6. Taking note of the fact that there is cross version of the FIR and cross
fight between the parties, gravity of accusation, criminal antecedents and
apprehension of arrest in the case vis-a-vis low flight risk and assurance
of the accused in cooperating with the investigation and trial and the fact
that similarly situated co-accused have been granted anticipatory bail by
this Court, I deem it appropriate to enlarge the applicant on anticipatory
bail.
7. Accordingly, without expressing any opinion on the merits of the
case, the anticipatory bail application of the applicant is allowed.
8. In the event of the arrest of the applicant Ghoore @ Ashirvad, 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,
NABAIL No. 9606 of 2026
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;
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.
(Rajiv Lochan Shukla,J.)
September 16, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
Checking your session…