Allahabad High Court
MANEENDRA NATH AND 1 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicants, subject to specified conditions.
Summary
The High Court of Allahabad entertained an anticipatory bail application filed under Section 482 of the Code of Criminal Procedure on behalf of two accused, Maneendra Nath and Amarendra Nath, who feared arrest in a case involving offences under Sections 115(2), 351(2), 3(5), 109, 333 and 352 of the B.N.S., 2023. The applicants contended that they were falsely implicated, that a compromise had been reached between the parties, and that they had no prior criminal record and would cooperate with the investigation. The State opposed the bail, pointing to the issuance of non‑bailable warrants and alleging that the applicants might evade investigation. The Court noted that a similar co‑accused, Bhola Nath Sharma, had been granted anticipatory bail after the compromise was accepted, and that the existence of the compromise was not denied. Accordingly, the Court allowed the anticipatory bail application, subject to conditions of personal bond, cooperation with police, no intimidation of witnesses, and no travel abroad without permission.
Issues considered
- Whether anticipatory bail can be granted despite the existence of non‑bailable warrants when a compromise between the parties has been effected.
- Whether the applicants are likely to abscond, tamper with evidence, or intimidate witnesses.
- Whether the precedent of granting anticipatory bail to a similarly situated co‑accused is applicable.
Legislation cited
- B.N.S., 2023 — s. 109, 115, 3, 333, 351, 352
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- compromise
- non‑bailable warrant
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9665 of 2026
Maneendra Nath And 1 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : J.P. Kushwaha, Saroj Kumar
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 A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No. 12 of 2026 under Sections 115(2), 351(2),
3(5), 109, 333, 352 of B.N.S., 2023 Police Station Kachhwa, District-
Mirzapur, with a prayer to enlarge them on anticipatory bail, as the
applicants apprehend their arrest in the aforesaid case.
3. The Learned counsel for the applicants states that the applicants have
been falsely implicated in the present case and seek anticipatory bail on
the following grounds :-
i. Initially, the first information report was lodged for offences under
Sections 3(5), 351(2), 115(2) of the B.N.S., 2023. During investigation
Sections 109, 333 & 352 of the B.N.S., 2023 have been added.
ii. The investigation is still pending. The parties have arrived at a
compromise and on the basis of the compromise it is contended that a
petty dispute led to lodging of the first information report.
iii. The applicants is ready to cooperate with the investigation and will
render all assistance and will not abscond.
iv. The applicants have no criminal antecedents.
NABAIL No. 9665 of 2026
2
v. While considering the anticipatory bail of the co-accused Bhola nath
Sharma, this Court had recorded the submissions of the Learned counsel
for the informant/injured that a compromise has been executed between
the parties.
4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail
but could not dispute the fact that a compromise has been executed
between the parties. Learned A.G.A. has stated that non-bailable warrants
have been issued against the applicants and are pending execution. They
are avoiding the proceedings of the investigation and may not be
considered for grant of anticipatory bail.
5. I have considered the submissions made by the Learned counsel for the
parties.
6. This application had been filed on behalf of the three applicants. The
name of Usha Devi has been deleted from the array of parties and this
application has been filed on behalf of the applicant Nos.1 and 2 only.
7. The compromise, that has been executed between the parties, has not
been denied. Even while granting anticipatory bail to the co-accused
Bhola Nath Sharma, this Court had taken note of the compromise. The
issuance of non-bailable warrants against the applicants has been
satisfactorily explained. As similarly situated co-accused has been granted
anticipatory bail by this Court, I deem it appropriate to grant anticipatory
bail to the applicants also.
8. The anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicants – Maneendra Nath and
Amarendra Nath, involved in the aforesaid case crime, they shall be
released on anticipatory bail on their furnishing a 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 applicants shall make themselves available for interrogation by a
police officer as and when required;
ii. The applicants shall not, directly or indirectly make any inducement,
NABAIL No. 9665 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. The applicants shall not leave India without the previous permission of
the Court;
iv. The applicants 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.
11. 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 17, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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