Allahabad High Court
JUBAIRversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant, subject to prescribed conditions.
Summary
The High Court considered an anticipatory bail application filed by Jubair in a criminal case (Crime No.55 of 2025) where he was not named in the FIR but his name appeared in statements of the informant and alleged injured. The applicant argued that he was falsely implicated, had cooperated with the investigation, and had no criminal antecedents, while the State opposed the bail but did not dispute the factual submissions. The Court noted that the injuries were not life‑threatening, the charge‑sheet had been filed, and the applicant was already under interim protection from a prior writ petition. Considering the lack of necessity for custodial interrogation and the grant of anticipatory bail to a co‑accused, the Court found the applicant’s case stronger. Consequently, the Court granted anticipatory bail with specific conditions and directed the applicant to appear before the trial court within four weeks.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but mentioned in statements of informant and alleged injured.
- Whether the applicant’s cooperation, lack of criminal antecedents, and interim protection justify bail.
- Whether the existence of a charge‑sheet and no need for custodial interrogation affect the bail decision.
- Whether conditions can be imposed to prevent intimidation of witnesses and ensure the applicant’s presence before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109(1), 115(2), 117, 118(1), 191(2), 191(3), 352
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- interim protection order
- no criminal antecedents
- bail conditions
- IPC sections
- co‑accused bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9732 of 2026
Jubair
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhuvnesh Kumar Singh, Ruchi Singh
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.55 of 2025, under Sections 191(3), 191(2),
109(1), 352, 115(2), 118(1), 117 B.N.S., Police Station- Kotwali Dehat,
District- Bijnor, with a prayer to enlarge him on anticipatory bail as the
applicant apprehends his arrest in the abovementioned case.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. The applicant is not named in the
FIR and his name has surfaced in the statement of informant and alleged
injured. The injuries received by the injured Dhevati Payal were found to
be simple in nature. The other injured received injuries on non-vital parts
of the body. The charge-sheet has been filed in the matter. During
investigation, the applicant was granted protection by this Court in
Criminal Misc. Writ Petition No.10112 of 2025 till cognizance is taken on
the police report by the Court concerned. The applicant had co-operated
in the investigation and there is no allegation of misusing the interim
relief granted to the applicant. The co-accused, Shah Alam alias Monu,
who is named in the FIR, has been granted anticipatory bail by this Court
in NABAIL No.9511 of 2026. The applicant has no criminal antecedents.
4. Learned AGA has opposed the prayer for bail but does not dispute the
NABAIL No. 9732 of 2026
2
factual submissions made by the Learned counsel for the applicant.
5. I have considered the submissions made by the Learned counsels for
the parties.
6. The applicant is not named in the FIR and his name has surfaced in the
statement of the informant and alleged injured. The injuries received by
the injured were not found to be dangerous to life. During investigation,
the applicant has been accorded protection by this Court and there is no
report of violation/misuse of the interim relief granted to the applicant.
The chargesheet has been submitted in the matter and the applicant is not
required for custodial interrogation. The applicant has no criminal
antecedents. The co-accused Shah Alam alias Monu has been granted
anticipatory bail by this Court and the case of the applicant is at better
footing from the co-accused.
7. Taking into account the facts and circumstances of the case, 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. The applicant - Jubair shall appear before the trial Court within four
weeks from today and shall be released on bail on filing his personal bond
and surety to the satisfaction of the Court concerned with the following
conditions:-
i. The applicant shall remain present before the trial Court on each date
fixed unless exempted by the trial Court;
ii. 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. The applicant shall not leave India without the previous permission of
the Court;
iv. The applicant shall not pressurize/intimidate the prosecution witness;
NABAIL No. 9732 of 2026
3
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 18, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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