Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7874 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Satendra Singh, learned counsel for the applicant and Sri S.D. Shukla, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 233 of 2019 under Sections 323, 308, 506 IPC, Police Station Tundla, District Firozabad with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that there are general and omnibus allegations against the applicant and other co- accused persons. The injuries sustained by the injured are not dangerous to life. It is further submitted that there is a cross case lodged by the applicant against the informant side and chargesheet was submitted after giving notice under section 41-(A) Cr.P.C. and the applicant had co- operated in the investigation. It is further submitted that there is service of summon of bailable warrant on the applicant and on the last date i.e. on 14.8.2025, non bailable warrants were issued against him. Also, there is no criminal history against the applicant and he undertakes to co-operate during trial and would appear as and when required by the investigating agency or Court. It has been stated that in case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for Versus Counsel for Applicant(s) : Satendra Singh Counsel for Opposite Party(s) : G.A. Foran Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
anticipatory bail and submits that the applicant is not appearing before the trial court for the last five years. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per the FIR, the allegation is that applicant and other co-accused persons assaulted the injured and as per the injury report, the said injuries are not dangerous to life. The applicant is also said to have filed a cross case against the informant side and he is having no criminal history. 7.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Foran Singh involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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 NABAIL No. 7874 of 2025 2
to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
October 9, 2025 Madhurima NABAIL No. 7874 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad