Allahabad High Court
ANKITversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant under Section 482 CrPC.
Summary
The High Court considered an anticipatory bail application filed by Ankit under Section 482 of the Criminal Procedure Code in connection with a criminal case (Crime No. 714 of 2025) where he was alleged to be involved in an assault on 4 November 2025. The applicant claimed innocence, arguing that the FIR was lodged two days after the incident and that the injuries were simple, with no substantive evidence linking him to the offence under Section 109 of the BNS Act. The State opposed the bail but did not dispute the factual matrix, while noting that co‑accused had previously been granted anticipatory bail in similar circumstances. The Court, after evaluating the facts and the similarity to the co‑accused cases, decided to enlarge anticipatory bail with standard conditions, including cooperation with investigation and no intimidation of witnesses. The bail was conditioned on personal bond, surety, and compliance with directions such as not leaving India without permission and not tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted under Section 482 CrPC in the present case
- Whether the allegations under Section 109 BNS constitute a cognizable offence justifying denial of bail
- Whether the applicant is likely to tamper with evidence or influence witnesses
- Whether the applicant's lack of prior criminal record warrants bail
Legislation cited
- BNS — s. 109, 115, 118
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9632 of 2026
Ankit
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, and learned A.G.A. for the
State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of
the applicant in Case Crime No. 714 of 2025, under Section 109 (1)
of BNS, P.S. Sikandra, District Agra, with a prayer to enlarge him on
anticipatory bail as the applicant apprehend his arrest in the
abovementioned case.
3. Learned counsel for the applicant submits that the applicant is
absolutely innocent and has been falsely implicated in the present
case. He has nothing to do with the alleged offence in spite of that the
police are trying to arrest the applicant. The first information report
was lodged after two days, which has not been sufficiently explained
by the prosecution. The alleged incident had taken place on
4.11.2025 at 20:00 hours, whereas the first information report was
lodged on 6.11.2025 at 12:29 hours. The applicant and two other co-
accused were nominated in the first information report and general
and omnibus allegations have been levelled against the applicant. As
per the injury report of the injured Bhagat Singh, he sustained as
many as five injuries but all the injuries were simple in nature. The
victim admitted in his affidavit that the injuries were simple in nature,
therefore, he did not go for further medical examination of the injuries.
It is further submitted that no offence under Section 109 BNS is made
out and the offence would not travel beyond Sections 115 and 118
NABAIL No. 9632 of 2026
2
BNS, which was wrongly imposed in order to take the applicant
behind the bar. The applicant has no criminal antecedent to his credit.
Learned counsel for the applicant further submits that the applicant
undertakes to cooperate during investigation and trial and shall
appear as and when required by the Investigating Agency or the
Court concerned. It has also been stated that, in case the applicant is
granted anticipatory bail, he shall not misuse the liberty of bail, shall
cooperate with the investigation, and shall abide by all the conditions
that may be imposed by the Court.
4. It is further submitted that co accused Sumit and Anshu Solanki @
Ashwani Solanki have been granted anticipatory bail by this Court
vide orders dated 21.07.2026, passed in Criminal Misc Anticipatory
Bail Applications U/s 482 BNSS No. 5026 of 2026 and 6851 of 2026
respectively, and the case of the applicant stands on similar footing.
5. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail, however, he does not dispute the factual aspect.
6. I have considered the submissions made by the Learned counsels
for the parties.
7. Taking note of the entire facts and circumstances of the case,
especially the fact that the case of the applicant stands on similar
footing, I deem it appropriate to enlarge applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the
applicant is allowed.
9. In the event of the arrest of the applicant- Ankit, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing of his personal bond and surety 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 themselves 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
NABAIL No. 9632 of 2026
3
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;
10. In case of breach of any of the above conditions, the Court
concerned shall be at liberty to cancel the bail.
October 1, 2026
RavindraKSingh
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
RAVINDRA KUMAR SINGH
High Court of Judicature at Allahabad
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