UDAY PRATAP SINGHversusSTATE OF U.P. AND ANOTHER

              HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9613 of 2026

Uday Pratap Singh
                                                                        .....Applicant(s)
                                         Versus
State of U.P. and Another
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)             :   P.K. Singh, Rajeev Singh
Counsel for Opposite Party(s)        :   G.A., Ram Babu Singh, Sanjay Prakash
                                         Tiwari

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

1. Heard, Learned counsel for the applicants, Sri Sanjay Prakash Tiwari along with Sri

Ram Babu Singh, the Learned counsels for the informant, 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 applicants
in Case Crime No.184 of 2026, under Sections 318(4), 338, 339, 340(2) of the B.N.S.

2023, P.S.- Shivali, District- Kanpur Dehat, with a prayer to enlarge them on

anticipatory bail as the applicants apprehend their arrest in the above-mentioned case.

3. At the very outset, the Learned A.G.A. raised an objection by submitting that the

applicant No.2 has not explained his complete criminal antecedents as is

required under the provisions of Chapter XVIII, Rule 18 sub-Rule (7) of the Rules of

the Court.


4. On being confronted with this objection, the Learned counsel for the applicants

submits that he may be permitted to withdraw this application for the applicant No.2

with liberty to file a fresh application explaining in detail the criminal antecedents of

the applicant No.2 in view of the provisions of Chapter XVIII, Rule 18 sub-Rule (7) of

the Rules of the Court.


5. Taking into account the prayer made by the Learned counsel for the applicants, this

application so far as it relates to the applicant No.2 stands dismissed as withdrawn

with the above-mentioned liberty.
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6. Certified copies, if any, for the applicant No.2, may be returned to the Learned

counsel for the applicants.


7. Learned counsel for the applicant submits that the applicant no.1 is the son of

Shashi Bhushan Singh, the co-accused. The applicant is merely a marginal witness of

the disputed sale deed. He is not a direct beneficiary of the transaction in question.

The applicant has no criminal antecedents.

8. Learned counsel for the informant has opposed the prayer for grant of anticipatory

bail and has contended that applicant no.1 being the son of the co-accused Shashi

Bhushan Singh was aware of the fact that the fake sale deed was being executed for

property which was not recorded in the name of Shashi Bhushan Singh. The applicant

has witnessed the sale in question and may not be considered for grant of anticipatory

bail. Learned counsel for the informant has not been able to point out any criminal

antecedents of the applicant.

9. The Learned A.G.A. has also supported the contentions made by the Learned
counsel for the informant.

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

perused the material brought on the record.

11. Applicant no.1 is stated to be only a marginal witness of the sale deed executed by

his father. There appears to be no direct allegation against the applicant. Learned

counsel for the applicant has stated that no money which may be part of the sale

consideration has been received by applicant No. 1 in his account. The case of the

applicant stands on a separate footing from that of co-accused Shashi Bhushan Singh.

The applicant has no criminal antecedents.


12. Taking into account all the facts and circumstances of the case and without

expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant

on anticipatory bail.


13. In view of the above, the anticipatory bail application of the applicant is allowed.

14. In the event of the arrest of the applicant No.1- Uday Pratap Singh, 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
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                                                                         3


                                    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;

                                    15. In case of breach of any of the above conditions, the Court concerned shall be at

                                    liberty to cancel the bail.

                                    16. 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 30, 2026
                                    Sachin
                                                                                                   (Rajiv Lochan Shukla,J.)




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad