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2025 DAILYLAW 190709 (ALL)

ARJUN KASHYAP v. STATE OF U.P.

NABAIL/8020/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8020 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Anurag Pandey, learned counsel for the applicant, Shri O.P.Singh, 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.306 of 2023, under Sections 147, 148, 341, 353, 333, 336, 323, 506, 308 IPC and Section 7 Criminal Law (Amendment) Act, 1932, Police Station Shivli, District Kanpur Dehat, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that there are general and omnibus allegations against the applicant. It is further submitted that applicant and seven named persons and 150 unknown persons are said to have taken part in demonstration and road blockage. It is also submitted that when the police personnel tried to disperse them then they started stone pelting and due to which, constable Ramashankar sustained injury. It is also submitted that the applicant is having no criminal history. It is further submitted that co-accussed Monu Rathoure has already been granted Anticipatory Bail by Co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.14550 of 2023 (Monu Rathoure Vs. State of U.P. and another). It is also submitted that charge sheet in this case has already been submitted. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in Versus Counsel for Applicant(s) : Anurag Pandey, Praval Tripathi Counsel for Opposite Party(s) : G.A. Arjun Kashyap .....Applicant(s) State of U.P. .....Opposite Party(s) case, 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 anticipatory bail. 5. As per first information report, the applicant and seven named persons and 150 unknown persons are said to have taken part in demonstration and road blockage. It is also submitted that when the police personnel tried to disperse them then they started stone pelting and due to which, constable Ramashankar sustained injury. It is also submitted that the applicant is having no criminal history. It is further submitted that co-accussed Monu Rathoure has already been granted Anticipatory Bail by Co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.14550 of 2023 (Monu Rathoure Vs. State of U.P. and another). It is also submitted that charge sheet in this case has already been submitted. 6. 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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Arjun Kashyap involved in the aforesaid case crime 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 NABAIL No. 8020 of 2025 2 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 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. 10. 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 13, 2025 RKM NABAIL No. 8020 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad