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2026 DAILYLAW 3671 (ALL)

ANKIT @ GULLU v. STATE OF U.P.

NABAIL/4304/2026 · 2026-05-04

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4304 of 2026 Court No. - 71 HON'BLE AVNISH SAXENA, J. 1. Sri Mahesh Chandra Maurya, learned advocate hands up vakalatanam. The same is taken on record. 2. Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant, Sri Maurya, learned counsel for the informant and learned AGA for the State. 3. The present anticipatory bail application under Section 482 of BNSS has been filed by the applicant with a prayer to release him on anticipatory bail in Case Crime No. 10 of 2026, under Sections 191(2), 191(3), 309(6), 324(4), 125, 115(2), 325, 351(2) BNS, P.S.- Daurala, District- Meerut, during pendency of the trial. 4. It is contended by learned counsel for the applicant that the accused applicant has been falsely implicated during investigation in the FIR lodged on 12.1.2026. It is alleged in the FIR that on 11.1.2026 informant's son was returning on motorcycle when he was intercepted by two named and one unnamed persons. They have pointed country made pistol on him and snatched Rs.15,000/-. Subsequently, they have beaten the informant's son Sagar, who suffered simple injuries. The name of the accused is not mentioned in the FIR. The informant after lapse of six days has taken name of the accused applicant that he was also involved in the incident. The accused applicant has no criminal history. The named accused has already been granted anticipatory bail by the co-ordinate Bench of this Court in order dated 20.3.2026. The accused applicant wants to co- Versus Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Ankit @ Gullu .....Applicant(s) State of U.P. .....Opposite Party(s) operate in the investigation but apprehending arrest. Hence, seeks anticipatory bail. 5. Countering the argument, learned counsel for the informant submits that the accused applicant has a role in the incident. It is a matter of robbery. The informant's son who run a mess was coming with Rs.15,000/- which was robbed by the accused applicant. He was also beaten and suffered injuries. He submits that the application is liable to be rejected. 6. The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court right from Gurubaksh Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565, Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1, wherein it is consistently held by Hon’ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk. 7. Considering that the name of the accused applicant has been reflected after six days in the statement of the informant, who has lodged the FIR after delay, the gravity of accusation and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial, is of considered view to grant anticipatory bail. 8. The applicant- Ankit @ Gullu involved in the aforesaid case crime shall appear before the trial court or the Investigating Officer, as the case may be within 30 days from the date of this order and shall be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with following conditions :- NABAIL No. 4304 of 2026 2 (i) 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 or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. (iv) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. 11. The below mentioned directions shall be complied with for expeditious disposal of trial, in case charge sheet is submitted against accused/applicant :- 11.1 As the investigation is continuing, in the event charge sheet is submitted and cognizance is taken, it would be the duty of the accused/applicants to appear before the trial court or Magistrate concerned as the case may be without waiting for the issuance of summons, within 60 days from the date of cognizance or on the date fixed, which ever is earlier. So that the trial may not be delayed for non execution of summons or processes. NABAIL No. 4304 of 2026 3 11.2 The District Judge concerned shall direct each Magistrate and Special courts to maintain a register of Anticipatory Bail orders granted by this Court, wherein the details of Anticipatory Bail shall be entered. The dedicated official shall be nominated in each Special court and Magistrate court for maintaining the register. 11.3 The accused/applicants shall provide a copy of the final order of anticipatory bail within 30 days, to the official concerned in whose jurisdiction the case lies and shall provide his complete contact details including the mobile number and E-mail ID (if maintained); any change in detail shall be informed by the applicant. 11.4 On the submission of charge sheet and cognizance taken, the Presiding Officer shall fetch the details of the accused/applicants and the dedicated official shall inform the accused at the given detail. May 5, 2026 Krishna* NABAIL No. 4304 of 2026 4 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad