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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9827 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard the Learned counsel for the applicants and the 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 applicants in Case Crime No. 275 of 2025, under Sections 115(2), 191(2), 352, 351(2), 333, 125, 117, 110 and 324(4) of BNS, Police Station- Ramkola, District Kushinagar, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 3. The Learned counsel for the applicants has contended that the applicants have been falsely implicated in the FIR along with five other named accused. The allegation against all the accused persons is that they assaulted the four injured persons. The applicants were not arrested during investigation and now once the charge sheet has been filed, they are no longer required for any custodial interrogation or recovery. The Learned counsel for the applicants has further contended that there is a cross version and six persons from the applicant's side have also received injuries. The cross case has been registered as Case Crime No. 433 of
2025. The Learned counsel for the applicants has also contended that applicant no. 1 is a lady and applicant no. 2 is an old man aged about 65 years. Applicants are having no criminal antecedents and they may be considered for grant of anticipatory bail. Versus Counsel for Applicant(s) : M.J. Akhtar Counsel for Opposite Party(s) : G.A. Girija Devi And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
4. The learned AGA has opposed the prayer for bail, but does not dispute the fact that the applicants have no criminal antecedents. 5. I have considered the submissions made by the Learned counsels for the parties. 6. There are cross cases and both sides claim to have sustained injuries. The applicant no. 1 is a lady, applicant no. 2 is said to be a senior citizen and the applicant no. 3 is the husband of applicant no. 1. No specific allegations have been made against the applicants. The FIR has been lodged on general allegations against eight named accused persons.
In the prima facie opinion of the Court, taking note of the fact that there are cross cases and no specific role has been assigned to the applicants, false implication of the applicants cannot be ruled out. Charge sheet has already been submitted and the applicants are no longer required for any custodial interrogation. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge 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- Girija, Ramdhani and Madan, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of their 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 applicants shall make themselves 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court;
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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 29, 2026 Junaid NABAIL No. 9827 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad