ASHISH KUMARversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9833 of 2026

Ashish Kumar
                                                                         .....Applicant(s)
                                         Versus
State of U.P.
                                                                    .....Opposite Party(s)

Counsel for Applicant(s)                    :     Rachana Yadav, Ramanuj Yadav
Counsel for Opposite Party(s)               :     G.A.

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

1. Heard, Learned counsel for the applicant, 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 applicant in

Case Crime No.114 of 2025, under Sections 109(1), 333, 115(2), 352, 351(2), 351(3),

125, 3(5) BNS, P.S.- Rura, District- Kanpur Dehat, with a prayer to enlarge him on

anticipatory bail as the applicant apprehends his arrest in the above-mentioned 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. As per the

contents of the first information report, the applicant along with five others are alleged

to have assaulted three persons namely; Rakesh, Maya and Shiv Shankar. As per the

medical report of Rakesh, he received a single injury on his head. As per the NCCT

head, fracture was seen on skull region. Injured Maya received fracture of radius ulna

bone and the injuries received by injured Shiv Shankar were found simple in nature. In

the statement of injured Rakesh, the co-accused Vishram and Durgesh are alleged to

have assaulted him by lathi-danda. The author of the single injury caused on the head

of Rakesh is not known at this stage. Injury received by Maya was not on vital part of

the body. Further, in the alleged incident from the side of the applicant three persons

also received injuries. In view of the injuries sustained by the persons from the side of

the applicant, there is no clarity with regard to the exact role of the applicant. Vague

and general allegations have been levelled against the applicant. The applicant has no
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criminal antecedents. It is next submitted that the investigation is pending and the

applicant has apprehension of his arrest in the above mentioned case. It is further

submitted that identically situated co-accused Vipin and Vijay have been granted

anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL

APPLICATION U/S 482 BNSS No. - 4939 of 2025 and 9940 of 2026. 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. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could

not dispute the factual submissions made by the Learned counsel for the applicant.

5. I have considered the submissions made by the Learned counsel for the parties and
perused the material brought on the record.

6. Taking into account all the facts and circumstances of the case, especially the fact

that similarly situated co-accused Vipin and Vijay have already been granted

anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL

APPLICATION U/S 482 BNSS No. - 4939 of 2025 and 9940 of 2026 and without

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

on anticipatory bail.

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

8. In the event of the arrest of the applicant Ashish Kumar, 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 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;
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                                    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;

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

                                    liberty to cancel the bail.

                                    10. 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 29, 2026
                                    Sachin
                                                                                                  (Rajiv Lochan Shukla,J.)




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