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2026 DAILYLAW 4680 (ALL)

SHANI @ AVNEESH RAJBHAR v. STATE OF U.P. AND ANOTHER

NABAIL/8937/2026 · 2026-09-08

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8937 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, 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 applicant in Case Crime No.211 of 2026, under Sections 109(1), 115(2), 304, 126(2) B.N.S., Police Station- Atraulia, District- Azamgarh, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case due to village party bandi and village politics.The applicant has been named in the F.I.R., however, no specific role has been assigned to him.The injured, who are stated to be four in number, have not received any injury which may be considered to be dangerous to life. The medical examination of the injured has been conducted after a long time on 04.06.2026 at about 05:00 P.M., whereas the injuries were supposedly received by the injured on 03.06.2026 at about 12:00 A.M. in the night.The applicant has no criminal antecedents. 4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail Versus Counsel for Applicant(s) : Sanoj Kumar Counsel for Opposite Party(s) : G.A. Shani @ Avneesh Rajbhar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and has contended that Dr. Shivaji of C.H.C. Atraulia, Azamgarh has in his statement stated that Aman Rajbhar, one of the injured, has received injuries which were dangerous to life.Learned A.G.A. has further stated that the injured were initially being examined at some private hospital and they came for medical examination at C.H.C. Atraulia, Azamgarh, after being treated at the private hospital and it is for this reason that the injury reports are delayed. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. From a perusal of the material on record, there does not appear to be any supplementary medico-legal report or any other X-ray or C.T. Scan report of the injured.The injured Aman Rajbhar was examined and injury number 1 suffered by him, out of the two visible injuries on his person, was kept under observation and was referred to District Hospital, Azamgarh. No abnormality has been pointed out from the C.T. Scan or X- ray reports of the injured. Only general role has been assigned to the applicant. The applicant has no criminal antecedents.The medical examination is quite delayed and from a perusal of the statement of the injured witnesses, it appears that the medical reports of some private hospital are not available. Reference may be made to the statement of the injured Sangam Rajbhar and Kaushal Rajbhar. 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 applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. NABAIL No. 8937 of 2026 2 9. In the event of the arrest of the applicant Shani @ Avneesh Rajbhar, he 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 applicant shall make himself 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; 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 9, 2026 Sachin NABAIL No. 8937 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad