HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9394 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the applicant, learned counsel for the informant 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. 241 of 2026, under Sections 115(2), 309(4), 316(2), 324(5), 352, 351(3) of BNS, 2023, P.S. Manduadih, District Varanasi, with a prayer to enlarge him on anticipatory bail as the applicant apprehend his arrest in the abovementioned case. 3. Learned counsel for the applicant has contended that applicant is the friend of the informant. The applicant had borrowed the informant's car for attending a wedding. The car unfortunately met with an accident and the informant was trying to extort Rs. 12 lacs as repair costs for the car, which when the applicant refused to pay, this false FIR was lodged against the applicant. Applicant has no criminal antecedent. 4. Learned counsel for the informant has opposed the prayer for bail and has contended that the applicant not only destroyed the vehicle of the informant but also refused to pay the repair costs. The applicant then abused the informant and also assaulted him. A Gold chain, weighing 8 grams, was also snatched by the applicant. The offences are clearly made out; no indulgence may be granted to the applicant and his application may be dismissed. Versus Counsel for Applicant(s) : Deepak Kumar Singh, Shashank Pandey, Shubham Singh Counsel for Opposite Party(s) : Anil Kumar Tripathi, G.A., Jitendra Kumar Akash Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the informant has further argued that process under Section 84 BNSS has been issued against the applicant on 26.8.2026. 6. I have considered the submissions made by the Learned counsels for the parties. 7. It is an admitted case in the FIR that the applicant and informant are friends. The applicant supposedly borrowed a vehicle of the informant and the said vehicle met with an accident. The estimate of the repairs was stated to be Rs. 12 Lacs, which the applicant refused to pay. 8. In the opinion of the Court, taking note of the assertions made in the FIR, there appears to be some dispute amongst friends regarding repair of the vehicle in question. The allegation of snatching a gold chain of 8 grams, prima-facie appears to be only to increase the gravity of the offence. 9. It is not in all cases that the jurisdiction of the court is barred from entertaining the application of anticipatory bail where the proclamation under Section 82 Cr.P.C. has been issued. The Supreme Court in the case of Asha Dubey Vs State of Madhya Pradesh, 2024 SCC Online SC 5633, under paragraph no. 8 of the said decision has held that it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail. The relevant paragraph numbers 8 & 9 are quoted as under:- "8. Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail. 9. When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that NABAIL No. 9394 of 2026 2 has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses" 10. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicants on anticipatory bail. 11. In view of the above, the anticipatory bail application of the applicant is allowed. 12. In the event of the arrest of the applicant- Akash Singh, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of his 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 themselves 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; 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; 13. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. October 1, 2026 RavindraKSingh NABAIL No. 9394 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad