HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10027 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 120 of 2026, under Sections 308(5), 190, 191(2), 191(3), 351(3) and 126 of the B.N.S., 2023, Police Station – Junawai, District Sambhal, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The allegation is that the named accused Ankit @ Jitendra and Awadhesh alias Updesh along with ten to fifteen unknown persons surrounded the informant and on gun point demanded rupees one lakh. The Learned counsel for the applicant states that the allegation in the FIR is of the nearby people coming on the spot on the cries of the informant, after which the accused persons ran away firing in the air. The Learned counsel for the applicant contends that a perusal of the FIR would clearly indicate that no offence under Section 308(5) of the BNS is made out. Section 308(5) B.N.S. has been introduced in the FIR only to increase the gravity of the offence and give an excuse to the police to falsely arrest persons of their choosing. The applicant is not a member of any gang and he has no criminal antecedents. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the applicant does not have any criminal antecedents. The Versus Counsel for Applicant(s) : Atul Kumar Singh, Lal Prabhakar Singh Counsel for Opposite Party(s) : G.A. Chaman .....Applicant(s) State of U.P. .....Opposite Party(s) Learned A.G.A. has stated that non-bailable warrants are pending execution against the applicant and being an absconder, he may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsel for the parties. 6. In the prima facie opinion of the Court, from the perusal of the FIR, which was lodged for offences under Sections 308(5), 190, 191(2), 191(3), 351(3) and 126 of the BNS, no offence under Section 308(5) of the BNS is made out. The contention of the applicant, who has not been reported to have any criminal antecedents, of the police increasing the gravity of the offence alleged only to falsely implicate persons cannot be ruled out. Presently there does not appear to be any material against the applicant except the confessional statement of the named co-accused. 7. As in the prima facie opinion of the Court, no case under Section 308(5) of the BNS is made out and the applicant was not named in the FIR, a prima facie case for grant of anticipatory bail is made out. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Chaman, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his 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 applicant shall make himself available for interrogation by a police officer as and when required; 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; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. NABAIL No. 10027 of 2026 2 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. October 1, 2026 Kushal NABAIL No. 10027 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad