ASHAN @ AHASAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/10235/2026 · 2026-09-29
Vivek Kumar Singh
body2026
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[ 2026 DAILYLAW 10952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10952 (ALL) · dailylaw.ai ]
Judgment text
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. - 10235 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J.
1. Heard, Learned counsel for the applicants, 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 applicants in Case Crime No. 171 of 2026, under Sections 191(2), 191(3), 109(1), 131, 333, 352, 351(3) BNS, Police Station- Medical College, District Meerut, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the above-mentioned case. 3. Learned counsel for the applicants has contended that the FIR was lodged by the informant under pressure of some persons who had an axe to grind with the applicants and the other accused. The FIR was lodged against six named accused, for injuries received by two persons namely Ummed Ali and Ishraq. Learned counsel has submitted that affidavits were filed by the injured before the Senior Superintendent of Police, Meerut but the Investigating Officer did not record the said affidavits in the case diaries. The affidavits clearly stated that the injured Ishraq had received injuries due to an accident and the FIR was lodged under pressure of some persons. The applicants have no criminal antecedents. It is further submitted that identically situated co-accused Anas has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.09.2026, passed in Crl. Misc. Anticipatory Bail Application No. 9115 of 2026. Versus Counsel for Applicant(s) : Chandra Bir Singh Counsel for Opposite Party(s) : G.A. Ashan @ Ahasan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. The learned AGA opposed the prayer for bail but does not dispute the fact that the informant and the injured have filed their affidavits in favor of the applicants and the accused. 5. I have considered the submissions made by the learned counsel for the parties. 6. Although, offence under Section 109(1) of the BNS is a non compoundable offence and a compromise affidavit cannot be taken note of but a perusal of the record indicates that while considering the bail application of the co-accused, Imran alias Sabbal, the informant had appeared personally before the Court and had attested to the genuineness of the affidavit so filed.
In view of this finding given by the concerned court, the false implication of the applicants, cannot be ruled out. Even Learned AGA from the instructions could not point out any injury which has been opined to be dangerous to life. 7. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicants on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicants is allowed. 9. In the event of the arrest of the applicants Ashan, Afraj, they 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 applicants shall make himself available for interrogation by a police officer as and when required; ii. that the applicants 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 applicants shall not leave India without the previous NABAIL No. 10235 of 2026 2
permission of the Court; iv. that the applicants 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. 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.
September 30, 2026 A.P. Pandey NABAIL No. 10235 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad