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Allahabad High Court

BOBI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The anticipatory bail application of the applicants is allowed.

Summary

The applicants filed an anticipatory bail application under Sections 118(1), 117(2) and 110 of the B.N.S., 2023, fearing arrest in a case alleging assault causing injuries to three persons. They claimed false implication, asserted that the alleged offences carry a maximum punishment of seven years, and highlighted the absence of any arrest or prior criminal record. The State opposed bail, contending that the applicants used iron rods and bricks, causing grievous injuries, though the injuries were not deemed dangerous to life. The Court examined the facts, noting that the informant’s brother – the primary dispute target – was unharmed and that the offences are triable by a Court of Session. Considering the lack of arrest, no antecedents, and the nature of the alleged injuries, the Court granted anticipatory bail with specific conditions, emphasizing that the order is limited to the bail application and not an opinion on the merits.

Issues considered

  • Whether anticipatory bail should be granted under Sections 118(1), 117(2) and 110 of the B.N.S., 2023 when the alleged offence carries a maximum sentence of seven years.
  • Whether the nature of the alleged injuries (grievous but not dangerous to life) warrants denial of bail.
  • Whether the absence of arrest and lack of prior criminal antecedents justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • grievous injury
  • no criminal antecedents
  • B.N.S. 2023
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9608 of 2026

Bobi And 3 Others
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Dileep Kumar            Shukla,     Shikhar
                                Neelkanth
Counsel for Opposite Party(s) : G.A.

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

1. Supplementary affidavit on behalf of the applicants, filed today in
Court, is taken on the record.

2. Heard Learned counsel for the applicants; and Learned A.G.A. for the
State.

3. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No. 288 of 2024, under Sections 118(1), 117(2)
and 110 of the B.N.S., 2023, Police Station – Baniyather, District
Sambhal, with a prayer to enlarge them on anticipatory bail, as the
applicants apprehend their arrest in the aforesaid case.

4. Learned counsel for the applicants has contended that the applicants
were falsely implicated in the present case. The allegation in the First
Information Report (FIR) is of causing injuries to the three injured,
namely, Vijay, V.P. Singh and Omveer. The Learned counsel has
submitted that the offences in question, in the event of conviction, do not
entail a punishment of more than seven years. A charge sheet has already
been submitted, and the applicants were not arrested during investigation.
The Learned counsel has further submitted that the applicants have no
criminal antecedents.

5. The Learned A.G.A. has opposed the prayer for bail and has contended
that the applicants used iron rod and bricks to assault the injured, and the
injured Omveer and V.P. Singh have received grievous injuries. The
Learned A.G.A. does not dispute the fact that the applicants have no
                                                      NABAIL No. 9608 of 2026
                               2


criminal antecedents.

6. I have considered the submissions made by the Learned counsel for the
parties.

7. The dispute, as mentioned in the FIR, was between the named accused
and the informant's brother. The applicants supposedly assaulted the
informant's brother, and the three injured, when they came to save the
informant's brother, received injuries. The informant's brother has not
received any injury. The applicants were not arrested during investigation.
The injuries, although opined to be grievous in nature, have not been
stated to be dangerous to life. The offences in question entail, in the event
of conviction, a maximum punishment of seven years; however, Section
110 of the BNS is triable by Court of Session.

8. Taking into consideration the entire facts and circumstances of the
case, as discussed above, I deem it appropriate to enlarge the applicant on
anticipatory bail.

9. The anticipatory bail application of the applicants is allowed.

10. The applicants - Bobi, Kuldeep, Ram Babu and Happu @ Raudas
@ Rohdas shall appear before the trial Court within four weeks from
today and shall be released on bail on filing their personal bond and
surety in the like amount to the satisfaction of the Court concerned with
the following conditions:-
i. The applicants shall remain present before the trial Court on each date
fixed unless exempted by the trial Court;
ii. 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 him from disclosing such facts to the Court or to any police
officer;
iii. The applicants shall not leave India without the previous permission of
the Court;
iv. The applicants shall not pressurize/intimidate the prosecution witness;
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
                                                                                         NABAIL No. 9608 of 2026
                                                                   3

                                    considered to be an opinion on the merits of the case.



                                                                                     (Rajiv Lochan Shukla,J.)
                                    September 30, 2026
                                    Kushal




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

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